As Reported by the Committee of Conference

125th General Assembly Regular Session 2003-2004

Am. Sub. H. B. No. 87

Representatives Buehrer, Setzer 

Senator Armbruster 

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A BILL

To amend sections 723.52, 723.53, 1547.11, 3704.14,

1

3704.143, 4501.10, 4503.10, 4503.101, 4503.103,

2

4503.11, 4503.173, 4503.182, 4503.50, 4503.51,

3

4503.55, 4503.561, 4503.591, 4503.67, 4503.68,

4

4503.69, 4503.71, 4503.711, 4503.72, 4503.73,

5

4503.75, 4506.08, 4507.23, 4511.04, 4511.19,

6

4511.191, 4511.197, 4513.111, 4513.52, 4513.53,

7

4921.02, 5501.20, 5501.34, 5501.45, 5502.02,

8

5517.011, 5517.02, 5525.20, 5531.10, 5543.19,

9

5575.01, 5577.042, 5728.06, 5735.142, 5735.23,

10

5735.27, 5735.29, and 5735.291, to enact sections

11

117.16, 117.161, 4501.21, 4921.30, 5501.53,

12

5502.39, 5535.16, 5543.22, and 5735.292, and to

13

repeal sections 4501.20, 4501.22, 4501.29,

14

4501.30, 4501.311, 4501.32, 4501.33, 4501.39,

15

4501.40, 4501.41, 4501.61, 4501.71, and 4503.251

16

of the Revised Code, to amend Sections 78 and

17

78.02 of Am. Sub. H.B. 94 of the 124th General

18

Assembly, and to amend Section 25 of Am. Sub. H.B.

19

524 of the 124th General Assembly, to make

20

appropriations for programs related to

21

transportation and public safety for the biennium

22

beginning July 1, 2003, and ending June 30, 2005,

23

to provide authorization and conditions for the

24

operation of those programs, and to amend the

25

versions of sections 1547.11, 4503.10, 4503.11,

26

4503.182, 4511.19, and 4513.111 of the Revised

27

Code that are scheduled to take effect January 1,

28

2004.

29

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 723.52, 723.53, 1547.11, 3704.14,	30
3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11, 4503.173,	31
4503.182, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67,	32
4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73, 4503.75,	33
4506.08, 4507.23, 4511.04, 4511.19, 4511.191, 4511.197, 4513.111,	34
4513.52, 4513.53, 4921.02, 5501.20, 5501.34, 5501.45, 5502.02,	35
5517.011, 5517.02, 5525.20, 5531.10, 5543.19, 5575.01, 5577.042,	36
5728.06, 5735.142, 5735.23, 5735.27, 5735.29, and 5735.291 be	37
amended and sections 117.16, 117.161, 4501.21, 4921.30, 5501.53,	38
5502.39, 5535.16, 5543.22, and 5735.292 of the Revised Code be	39
enacted to read as follows:	40

Sec. 117.16. (A) The auditor of state shall do all of the	41
following:	42

(1) Develop a force account project assessment form that each	43
public office that undertakes force account projects shall use to	44
estimate or report the cost of a force account project. The form	45
shall include costs for employee salaries and benefits, any other	46
labor costs, materials, freight, fuel, hauling, overhead expense,	47
workers' compensation premiums, and all other items of cost and	48
expense, including a reasonable allowance for the use of all tools	49
and equipment used on or in connection with such work and for the	50
depreciation on the tools and equipment.	51

(2) Make the form available to public offices by any	52
cost-effective, convenient method accessible to the auditor of	53
state and the public offices;	54

(3) When conducting an audit of such a public office under	55
this chapter, examine a sample of the forms and records of any	56
force account project that the office completed since an audit was	57
last conducted to determine compliance with the force account	58
limits and other force account provisions established by law. If	59
the auditor of state finds a violation of the force account	60
limits, the auditor of state shall conduct an audit of each force	61
account project completed since an audit was last conducted.	62

(B) If the auditor of state receives a complaint from any	63
person that a public office has violated the force account limits	64
established for that office, the auditor of state may conduct an	65
audit in addition to the audit provided in section 117.11 of the	66
Revised Code if the auditor of state has reasonable cause to	67
believe that an additional audit is in the public interest.	68

(C)(1) If the auditor of state finds that a county, township,	69
or municipal corporation violated the force account limits	70
established for that political subdivision, the auditor of state,	71
in addition to any other action authorized by this chapter, shall	72
notify the political subdivision that, for a period of one year	73
from the date of the notification, the force account limits for	74
the subdivision are reduced as follows:	75

(a) For a county, the limits shall be ten thousand dollars	76
per mile for construction or reconstruction of a road and forty	77
thousand dollars for construction, reconstruction, maintenance, or	78
repair of a bridge or culvert;	79

(b) For a township, the limit shall be fifteen thousand	80
dollars for maintenance and repair of a road or five thousand per	81
mile for construction or reconstruction of a township road;	82

(c) For a municipal corporation, the limit shall be ten	83
thousand dollars for the construction, reconstruction, widening,	84
resurfacing, or repair of a street or other public way.	85

(2) If the auditor of state finds that a county, township, or	86
municipal corporation violated the force account limits	87
established for that political subdivision a second or subsequent	88
time, the auditor of state, in addition to any other action	89
authorized by this chapter, shall notify the political subdivision	90
that, for a period of two years from the date of the notification,	91
the force account limits for the subdivision are reduced in	92
accordance with division (C)(1)(a), (b), or (c) of this section.	93

(3) If the auditor of state finds that a county, township, or	94
municipal corporation violated the force account limits	95
established for that political subdivision a third or subsequent	96
time, the subdivision shall pay the auditor of state an amount the	97
auditor of state determines to be twenty per cent of the total	98
cost of the force account project that is the basis of the	99
violation. The payments required under division (C)(3) of this	100
section are in addition to the force account limit reductions	101
under division (C)(2) of this section and also are in addition to	102
any other action authorized by this chapter. The auditor of state	103
shall certify any money due under division (C)(3) of this section	104
for collection in accordance with division (D) of section 117.13	105
of the Revised Code.	106

(D) If the auditor of state finds that a county, township, or	107
municipal corporation violated its force account limit when	108
participating in a joint force account project, the auditor of	109
state shall impose the reduction in force account limits under	110
division (C) of this section on all entities participating in the	111
joint project.	112

(E) As used in this section, "force account limits" means any	113
of the following, as applicable:	114

(1) For a county, the amounts established in section 5543.19	115
of the Revised Code;	116

(2) For a township, the amounts established in section	117
5575.01 of the Revised Code;	118

(3) For a municipal corporation, the amount established in	119
section 723.52 of the Revised Code;	120

(4) For the department of transportation, the amount	121
established in section 5517.02 of the Revised Code.	122

Sec. 117.161. If the department of transportation, a county,	123
a township, or a municipal corporation proposes a joint force	124
account project with one or more other entities, the controlling	125
force account limit shall be the higher limit that applies between	126
the participating entities. The participating entities shall not	127
aggregate their respective force account limits, and the share of	128
each participating entity shall not exceed its respective force	129
account limit. One of the participating entities shall complete	130
the force account project assessment form developed by the auditor	131
of state under section 117.16 of the Revised Code prior to	132
proceeding by force account.	133

The department of transportation and any county, township, or	134
municipal corporation shall not proceed with a joint force account	135
project if any one of the participating entities is subject to	136
reduced force account limits under division (C) or (D) of section	137
117.16 of the Revised Code.	138

As used in this section, "force account limits" has the same	139
meaning as in section 117.16 of the Revised Code.	140

Sec. 723.52.  Before letting or making any contract for the	141
construction, reconstruction, widening, resurfacing, or repair of	142
a street or other public way, the director of public service in a	143
city, or the legislative authority in a village, shall make an	144
estimate of the cost of such work, which estimate shall include	145
labor, materials, freight, fuel, hauling, overhead expense,	146
workers' compensation premiums, use of machinery and equipment,	147
and all other items of cost and expenseusing the force account	148
project assessment form developed by the auditor of state under	149
section 117.16 of the Revised Code. In municipal corporations	150
having an engineer, or an officer having a different title but the	151
duties and functions of an engineer, the estimate shall be made by	152
the engineer or other officer. Where the total estimated cost of	153
any such work is thirty thousand dollars or less, the proper	154
officers may proceed by force account.	155

Where the total estimated cost of any such work exceeds ten	156
thirty thousand dollars, the proper officers of the municipal	157
corporation shall be required to invite and receive competitive	158
bids for furnishing all the labor, materials, and equipment and	159
doing the work, after newspaper advertisement as provided by law,	160
and to. The officers shall consider and may reject such bids	161
before ordering. If the bids are rejected, the officers may order	162
the work done by force account or direct labor. When such bids are	163
received, considered, and rejected, and the work done by force	164
account or direct labor, such work shall be performed in	165
compliance with the plans and specifications upon which the bids	166
were based. It shall be unlawful to divide a street or connecting	167
streets into separate sections for the purpose of defeating this	168
section and section 723.53 of the Revised Code.	169

"Street," as used in such sections, includes portions of	170
connecting streets on which the same or similar construction,	171
reconstruction, widening, resurfacing, or repair is planned or	172
projected.	173

Sec. 723.53.  Where the proper officers of any municipal	174
corporation construct, reconstruct, widen, resurface, or repair a	175
street or other public way by force account or direct labor, and	176
the estimated cost of the work as defined in section 723.52 of the	177
Revised Code exceeds tenthirty thousand dollars, such municipal	178
authorities shall cause to be kept by the engineer of the	179
municipal corporation, or other officer or employee of the	180
municipal corporation in charge of such work, a complete and	181
accurate account, in detail, of the cost of doing the work. The	182
account shall include labor, materials, freight, fuel, hauling,	183
overhead expense, workers' compensation premiums, and all other	184
items of cost and expense, including a reasonable allowance for	185
the use of all tools and equipment used on or in connection with	186
such work and for the depreciation on the tools and equipment. The	187
engineer or other officer or employee shall keep such account, and	188
within ninety days after the completion of any such work he shall	189
prepare a detailed and itemized statement of such cost and file	190
the statement with the officer or board vested with authority to	191
direct the doing of the work in question. Such officer or board	192
shall thereupon examine the statement, correct it if necessary,	193
and file it in his or itsthe office of the officer or board. Such	194
statement shall be kept on file for not less than two years and	195
shall be open to public inspection.	196

This section and section 723.52 of the Revised Code do not	197
apply to any municipal corporations having a charter form of	198
government.	199

Sec. 1547.11.  (A) No person shall operate or be in physical	200
control of any vessel underway or shall manipulate any water skis,	201
aquaplane, or similar device on the waters in this state if any of	202
the following applies:	203

(1) The person is under the influence of alcohol or a drug of	204
abuse, or the combined influence of alcohol and a drug of abuse;.	205

(2) The person has a concentration of ten-hundredths	206
eight-hundredths of one per cent or more by weight of alcohol in	207
the person's blood;.	208

(3) The person has a concentration of fourteen-hundredths	209
eleven-hundredths of one gram or more by weight of alcohol per one	210
hundred milliliters of the person's urine;.	211

(4) The person has a concentration of ten-hundredths	212
eight-hundredths of one gram or more by weight of alcohol per two	213
hundred ten liters of the person's breath.	214

(B) No person under twenty-one years of age shall operate or	215
be in physical control of any vessel underway or shall manipulate	216
any water skis, aquaplane, or similar device on the waters in this	217
state if any of the following applies:	218

(1) The person has a concentration of at least two-hundredths	219
of one per cent, but less than ten-hundredthseight-hundredths of	220
one per cent by weight of alcohol in the person's blood;.	221

(2) The person has a concentration of at least twenty-eight	222
one-thousandths of one gram, but less than fourteen-hundredths	223
eleven-hundredths of one gram by weight of alcohol per one hundred	224
milliliters of the person's urine;.	225

(3) The person has a concentration of at least two-hundredths	226
of one gram, but less than ten-hundredthseight-hundredths of one	227
gram by weight of alcohol per two hundred ten liters of the	228
person's breath.	229

(C) In any proceeding arising out of one incident, a person	230
may be charged with a violation of division (A)(1) and a violation	231
of division (B)(1), (2), or (3) of this section, but the person	232
shall not be convicted of more than one violation of those	233
divisions.	234

(D)(1) In any criminal prosecution or juvenile court	235
proceeding for a violation of division (A) or (B) of this section,	236
of a municipal ordinance relating to operating or being in	237
physical control of a vessel underway or manipulating any water	238
skis, aquaplane, or similar device while under the influence of	239
alcohol, a drug of abuse, or the combined influence of alcohol and	240
a drug of abuse, or of a municipal ordinance relating to operating	241
or being in physical control of a vessel underway or manipulating	242
any water skis, aquaplane, or similar device with a prohibited	243
concentration of alcohol in the blood, breath, or urine, the court	244
may admit evidence on the concentration of alcohol, drugs of	245
abuse, or alcohol and drugs of abuse in the defendant's blood,	246
urine, or breath at the time of the alleged violation as shown by	247
chemical analysis of the defendant's blood, urine, or breath taken	248
within two hours of the time of the alleged violation.	249

When a person submits to a blood test, only a physician,	250
registered nurse, or qualified technician or chemist shall	251
withdraw blood for the purpose of determining its alcohol or drug	252
of abuse content. This limitation does not apply to the taking of	253
breath or urine specimens. A physician, registered nurse, or	254
qualified technician or chemist may refuse to withdraw blood for	255
the purpose of determining its alcohol or drug of abuse content if	256
in the opinion of the physician, nurse, or technician or chemist,	257
the physical welfare of the person would be endangered by the	258
withdrawing of blood.	259

The blood, urine, or breath shall be analyzed in accordance	260
with methods approved by the director of health by an individual	261
possessing a valid permit issued by the director pursuant to	262
section 3701.143 of the Revised Code.	263

(2) In a criminal prosecution or juvenile court proceeding	264
for a violation of division (A) of this section, of a municipal	265
ordinance relating to operating or being in physical control of a	266
vessel underway or manipulating any water skis, aquaplane, or	267
similar device on the waters of this state while under the	268
influence of alcohol, a drug of abuse, or the combined influence	269
of alcohol and a drug of abuse, or of a municipal ordinance	270
substantially equivalent to division (A) of this section relating	271
to operating or being in physical control of a vessel underway or	272
manipulating any water skis, aquaplane, or similar device on the	273
waters of this state with a prohibited concentration of alcohol in	274
the blood, breath, or urine, if there was at the time the bodily	275
substance was taken a concentration of less than ten-hundredths	276
eight-hundredths of one per cent by weight of alcohol in the	277
defendant's blood, less than fourteen-hundredthseleven-hundredths	278
of one gram by weight of alcohol per one hundred milliters	279
milliliters of the defendant's urine, or less than ten-hundredths	280
eight-hundredths of one gram by weight of alcohol per two hundred	281
ten liters of the defendant's breath, that fact may be considered	282
with other competent evidence in determining the guilt or	283
innocence of the defendant. This division does not limit or affect	284
a criminal prosecution or juvenile court proceeding for a	285
violation of division (B) of this section or of a municipal	286
ordinance substantially equivalent to division (B) of this section	287
relating to operating or being in physical control of a vessel	288
underway or manipulating any water skis, aquaplane, or similar	289
device on the waters of this state with a prohibited concentration	290
of alcohol in the blood, breath, or urine.	291

(3) Upon the request of the person who was tested, the	292
results of the test shall be made available to the person or the	293
person's attorney or agent immediately upon the completion of the	294
test analysis.	295

The person tested may have a physician, registered nurse, or	296
qualified technician or chemist of the person's own choosing	297
administer a chemical test or tests in addition to any	298
administered at the direction of a law enforcement officer, and	299
shall be so advised. The failure or inability to obtain an	300
additional test by a person shall not preclude the admission of	301
evidence relating to the test or tests taken at the direction of a	302
law enforcement officer.	303

A physician, registered nurse, or qualified technician or	304
chemist who withdraws blood from a person pursuant to this	305
section, and a hospital, first-aid station, or clinic at which	306
blood is withdrawn from a person pursuant to this section, is	307
immune from criminal liability, and from civil liability that is	308
based upon a claim of assault and battery or based upon any other	309
claim that is not in the nature of a claim of malpractice, for any	310
act performed in withdrawing blood from the person.	311

(E)(1) In any criminal prosecution or juvenile court	312
proceeding for a violation of division (A) or (B) of this section,	313
of a municipal ordinance relating to operating or being in	314
physical control of any vessel underway or manipulating any water	315
skis, aquaplane, or similar device on the waters of this state	316
while under the influence of alcohol, a drug of abuse, or the	317
combined influence of alcohol and a drug of abuse, or of a	318
municipal ordinance relating to operating or being in physical	319
control of any vessel underway or manipulating any water skis,	320
aquaplane, or similar device on the waters of this state with a	321
prohibited concentration of alcohol in the blood, breath, or	322
urine, if a law enforcement officer has administered a field	323
sobriety test to the operator or person found to be in physical	324
control of the vessel underway involved in the violation or the	325
person manipulating the water skis, aquaplane, or similar device	326
involved in the violation and if it is shown by clear and	327
convincing evidence that the officer administered the test in	328
substantial compliance with the testing standards for reliable,	329
credible and generally accepted field sobriety tests for vehicles	330
that were in effect at the time the tests were administered,	331
including, but not limited to, any testing standards then in	332
effect that have been set by the national highway traffic safety	333
administration, that by their nature are not clearly inapplicable	334
regarding the operation or physical control of vessels underway or	335
the manipulation of water skis, aquaplanes, or similar devices,	336
all of the following apply:	337

(a) The officer may testify concerning the results of the	338
field sobriety test so administered.	339

(b) The prosecution may introduce the results of the field	340
sobriety test so administered as evidence in any proceedings in	341
the criminal prosecution or juvenile court proceeding.	342

(c) If testimony is presented or evidence is introduced under	343
division (E)(1)(a) or (b) of this section and if the testimony or	344
evidence is admissible under the Rules of Evidence, the court	345
shall admit the testimony or evidence, and the trier of fact shall	346
give it whatever weight the trier of fact considers to be	347
appropriate.	348

(2) Division (E)(1) of this section does not limit or	349
preclude a court, in its determination of whether the arrest of a	350
person was supported by probable cause or its determination of any	351
other matter in a criminal prosecution or juvenile court	352
proceeding of a type described in that division, from considering	353
evidence or testimony that is not otherwise disallowed by division	354
(E)(1) of this section.	355

(F)(1) As used in division (E) of this section, "national	356
highway traffic safety administration" has the same meaning as in	357
section 4511.19 of the Revised Code.	358

(2) For the purposes of this section, "operate" means that a	359
vessel is being used on the waters in this state when the vessel	360
is not securely affixed to a dock or to shore or to any permanent	361
structure to which the vessel has the right to affix or that a	362
vessel is not anchored in a designated anchorage area or boat	363
camping area that is established by the United States coast guard,	364
this state, or a political subdivision and in which the vessel has	365
the right to anchor.	366

Sec. 3704.14.  (A) As used in this section:

367

(1) "Basic motor vehicle inspection and maintenance program"	368
or "basic program" means a motor vehicle inspection and	369
maintenance program that complies with the requirements governing	370
motor vehicle inspection and maintenance programs under the "Clean	371
Air Act Amendments" and that is not an enhanced motor vehicle	372
inspection and maintenance program.	373

(2) "Clean Air Act Amendments" means the "Clean Air Act	374
Amendments of 1990," 91 Stat. 685, 42 U.S.C.A. 7401, as amended,	375
and regulations adopted under it.	376

(3) "Contractor" means any person who has entered into a	377
contract under division (D) of this section.	378

(4) "District of registration" means the district of	379
registration of a motor vehicle as determined under section	380
4503.10 of the Revised Code.	381

(5) "Enhanced motor vehicle inspection and maintenance	382
program" or "enhanced program" means a motor vehicle inspection	383
and maintenance program that complies with the requirements	384
governing an enhanced motor vehicle inspection and maintenance	385
program under the "Clean Air Act Amendments."	386

(6) "Licensee" means any person licensed under division (C)	387
of this section.	388

(7) "Metropolitan planning organization" means a metropolitan	389
planning organization designated under section 9(a) of the	390
"Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C.A. 134,	391
as amended.	392

(8) "Motor vehicle" and "vehicle" have the same meanings as	393
in section 4501.01 of the Revised Code.	394

(9) "Waiver limit" means the cost of repairs needed for a	395
motor vehicle to pass a motor vehicle emissions inspection under	396
this section above which the owner of the motor vehicle need not	397
have the repairs performed on the vehicle and may receive a waiver	398
under division (F) of this section. For a motor vehicle the	399
district of registration of which is in a county classified as	400
moderate nonattainment that is subject to a basic or an enhanced	401
motor vehicle inspection and maintenance program, "waiver limit"	402
means more than one hundred dollars for a vehicle of a 1980 or	403
earlier model year and more than two hundred dollars for a vehicle	404
of a 1981 or later model year. For a motor vehicle the district of	405
registration of which is in a county classified as serious,	406
severe, or extreme nonattainment and that is subject to an	407
enhanced motor vehicle inspection and maintenance program, "waiver	408
limit" means more than four hundred fifty dollars. "Waiver limit"	409
also includes the cumulative amount of the annual adjustments to	410
each of the amounts specified in this division made by the	411
director pursuant to regulations adopted under section	412
502(b)(3)(B)(v) of the "Clean Air Act Amendments." "Waiver limit"	413
does not include the cost of any repairs performed on a vehicle	414
for the purpose of restoring the vehicle in accordance with the	415
findings of the visual anti-tampering portion of a motor vehicle	416
emissions inspection conducted under this section.	417

(B) The director of environmental protection shall implement	418
and supervise a motor vehicle inspection and maintenance program	419
in any county classified as moderate, serious, severe, or extreme	420
nonattainment for carbon monoxide or ozone in accordance with the	421
"Clean Air Act Amendments." The director shall implement and	422
supervise a basic or an enhanced motor vehicle inspection and	423
maintenance program in a county that is within an area classified	424
as nonattainment for carbon monoxide or ozone when such a program	425
is included in the air quality maintenance plan or contingency	426
plan for the nonattainment area that includes the county and that	427
is submitted to the United States environmental protection agency	428
by the director as required under section 175A of the "Clean Air	429
Act Amendments" as part of a request for redesignation of the	430
nonattainment area as attainment for carbon monoxide or ozone	431
under section 107(d) of that act, and the director determines that	432
the conditions requiring implementation of such a program and set	433
forth in either such plan have been met. The director shall	434
implement and supervise the enhanced program in any county as	435
required under section 3704.142 of the Revised Code. The director	436
may terminate the program in any county that is subject to this	437
section in accordance with division (K)(2) of this section. The	438
director shall adopt, and may amend or rescind, rules to	439
facilitate the implementation, supervision, administration,	440
operation, and enforcement of the program, including, without	441
limitation, rules providing for all of the following:	442

(1) The form of all inspection certificates, distribution of	443
inspection certificates to reinspection stations licensed under	444
division (C) of this section, and form and distribution of any	445
other papers or documents necessary or convenient to the program.	446
The rules shall include, without limitation, the requirement that	447
all inspection certificates bear a statement that reads: "This	448
automobile inspection is the result of requirements under the	449
Clean Air Act Amendments enacted by the United States Congress.	450
Any questions or comments you may have about this program may be	451
directed to your United States senator in care of the United	452
States Senate, The Capitol, Washington, D.C. 20510 or to your	453
United States representative in care of Thethe United States	454
House of Representatives, The Capitol, Washington, D.C. 20515."	455

(2) The replacement of lost or stolen certificates, papers,	456
or documents;	457

(3) Inspection procedures and standards to be used in motor	458
vehicle emissions inspections conducted under this section,	459
including, without limitation, a requirement that the inspections	460
test for carbon monoxide and hydrocarbons at idle or loaded mode	461
conditions; a requirement that the inspections test opacity for	462
particulates for diesel fueled vehicles; standards establishing	463
maximum allowable emissions of those pollutants, for both gasoline	464
fueled and diesel fueled vehicles, for each model year of motor	465
vehicles inspected; a requirement that beginning with the 1994	466
model year, the inspections utilize the on-board diagnostic	467
computer links mandated by the "Clean Air Act Amendments";	468
requirements governing the computerized exhaust analyzer system to	469
be used by any contractor conducting inspections and any licensees	470
conducting reinspections; tampering parameter inspection	471
procedures and standards to be used in the visual anti-tampering	472
portion of an inspection conducted under this section;	473
requirements governing the engine tune-up that shall be performed	474
on any motor vehicle that fails an inspection conducted under this	475
section, including, without limitation, requirements that specific	476
items be checked and repaired, replaced, or adjusted as necessary	477
to restore the motor vehicle to proper working order or	478
specifications; tailpipe emissions improvement requirements	479
specified by percentage; a waiver repair verification system; and	480
any other necessary waiver procedures for motor vehicles that fail	481
an inspection under this section;	482

(4) A system for the maintenance and reporting of inspection	483
and reinspection station data and records;	484

(5) The manner of identifying exempt vehicles;

485

(6) Inspection, and supervision thereof, of fleets and	486
governmental vehicles under divisions (G) and (H) of this section;	487

(7) Establishment of specifications for an identification	488
sign that reinspection stations licensed under division (C) of	489
this section shall display in a conspicuous manner;	490

(8) The issuance of motor vehicle inspection certificates	491
only to reinspection stations licensed under division (C) of this	492
section that continue to comply with this section;	493

(9) The surveillance of reinspection stations licensed under	494
division (C) of this section and of inspection stations operated	495
by any contractor hired to conduct inspections under this section	496
to ensure that quality testing and this section and rules adopted	497
under it are being adhered to throughout the inspection and	498
reinspection process;	499

(10) The information to be included in applications for	500
licenses filed under division (C) of this section and the	501
procedure for filing those applications;	502

(11) The establishment of a referee inspection system by the	503
director to resolve disagreements between owners of motor vehicles	504
and inspection and reinspection stations regarding inspection and	505
reinspection results, including, without limitation, procedures	506
for the collection of an inspection fee that a referee inspection	507
station may charge for any motor vehicle inspection conducted by	508
it. The fee shall not exceed the amount of the inspection or	509
reinspection fee paid by the owner of the motor vehicle	510
established under division (D)(7) of this section for the original	511
inspection or a reinspection of the motor vehicle under this	512
section.	513

(12) The locations of computerized, high-volume,	514
contractor-operated motor vehicle inspection stations conducting	515
inspections for the purposes of this section. The rules shall	516
require both of the following:	517

(a) In urban metropolitan statistical areas and consolidated	518
metropolitan statistical areas, as defined by the bureau of the	519
census in the United States department of commerce, eighty per	520
cent of the population that is subject to this section be no more	521
than five miles from an inspection station and one hundred per	522
cent of that population be no more than ten miles from an	523
inspection station;	524

(b) In rural areas, as defined by the bureau of the census in	525
the United States department of commerce, one hundred per cent of	526
the population that is subject to this section be no more than	527
fifteen miles from an inspection station.	528

(13) A requirement that contractor-operated inspection	529
stations conducting inspections under this section be in operation	530
for at least forty-five hours per week, which shall include,	531
without limitation, operating hours in the evening and on	532
Saturdays;	533

(14) A requirement that any contractor hired to conduct	534
inspections under this section not allow vehicle waiting time to	535
exceed an average of fifteen minutes and the establishment of	536
minimum performance penalties for failure to comply with that	537
requirement;	538

(15) An adequate queuing area, as determined by the director,	539
at each contractor-operated inspection station conducting	540
inspections under this section. The rules adopted under division	541
(B)(15) of this section shall not arbitrarily discriminate against	542
any person who can reasonably be expected to submit a proposal	543
under this section for any contract provided for in division (D)	544
of this section.	545

(16) Conditions for the suspension and revocation of licenses	546
and inspector certifications issued under this section;	547

(17) The commencement date of the basic motor vehicle	548
inspection and maintenance program established under this section	549
shall be July 1, 1994, in all affected counties classified as	550
moderate nonattainment for carbon monoxide or ozone under the	551
"Clean Air Act Amendments" on the effective date of this amendment	552
September 27, 1993, other than Cuyahoga county. The commencement	553
date of the enhanced program in a county so classified as moderate	554
nonattainment for carbon monoxide or ozone on the effective date	555
of this amendmentSeptember 27, 1993, for which the implementation	556
and supervision of the enhanced program was requested under	557
section 3704.142 of the Revised Code shall be January 1, 1995. The	558
commencement date of the program in any other affected counties,	559
other than Cuyahoga county, shall be the date established by the	560
director.	561

(18) A requirement that reinspections under the enhanced	562
motor vehicle inspection and maintenance program be conducted only	563
by a contractor hired to conduct inspections under this section;	564

(19) A requirement that each inspection station operated by a	565
contractor, each licensed reinspection station, and each referee	566
inspection station, prominently display in a location that is	567
readily visible to persons whose motor vehicles are being tested	568
pursuant to this section a sign that contains the same language	569
that is required to be printed on inspection certificates under	570
division (B)(1) of this section;	571

(20) Procedures that are necessary for the inspection of	572
motor vehicles that are registered biennially under division	573
(A)(1)(b) of section 4503.103 of the Revised Code.	574

(C)(1) The director of environmental protection shall issue	575
licenses for reinspection stations for the purposes of the basic	576
motor vehicle inspection and maintenance program established under	577
this section for two-year periods, except that for the initial	578
license period for any station, the director may issue the license	579
for a period not to exceed five years. The director may include	580
terms and conditions as part of any license issued to ensure	581
compliance with this section and rules adopted under it.	582

The director may issue a license for each reinspection	583
station for which an application is filed that complies with this	584
section and rules adopted under it. Each application shall include	585
both of the following:	586

(a) A nonrefundable fee of one hundred dollars for each	587
initial license or a nonrefundable fee of fifty dollars for	588
renewal of any license;	589

(b) A demonstration that the reinspection station will comply	590
with this section and the director's rules adopted under it.	591

(2) Each licensee shall conduct reinspections as required by	592
the director's rules. The licensee shall provide an inspection	593
certificate for vehicles that pass a reinspection under this	594
section.	595

(3) A licensee shall charge the fee under the basic program	596
that is established under division (D)(7) of this section for any	597
reinspection performed by the licensee under this section.	598

(4) A licensee may charge each person for services. However,	599
fees for reinspection shall be separately stated from any other	600
charge to the person.	601

(5) No licensee shall require as a condition of performing a	602
reinspection that any needed repairs or adjustments to a vehicle	603
be done by the licensee.	604

(6) A licensee shall maintain and make available for	605
inspection by the director or the director's authorized	606
representative accurate records as required by rules adopted under	607
this section.	608

(7) The director shall credit the moneys the director	609
receives under division (C) of this section to the motor vehicle	610
inspection and maintenance fund created in division (I) of this	611
section.	612

(D)(1) The initial motor vehicle inspections conducted under	613
the basic motor vehicle inspection and maintenance program, and	614
all inspections and reinspections conducted under the enhanced	615
program, required under this section shall be conducted by one or	616
more private contractors. The director of administrative services	617
shall issue and award contracts pursuant to a request for proposal	618
process. In doing so, the director shall consider factors in the	619
interest of consumers, including at least consumer price, service	620
quality, service delivery time, and convenience. The director	621
shall use the director's best efforts to secure as many proposals	622
as possible for each contract to be entered into under division	623
(D) of this section, which shall include the division of the state	624
into independent zones for the purpose of submission of the	625
proposals and awarding of the contracts. Each such zone shall	626
consist of a consolidated metropolitan statistical area or, if	627
such an area does not exist, of a metropolitan statistical area,	628
as defined by the bureau of the census ofin the United States	629
department of commerce.	630

Contracts awarded under division (D) of this section are	631
subject to section 153.012 of the Revised Code. For the purpose of	632
that section, the operation of the motor vehicle inspection and	633
maintenance program is hereby deemed to be a public improvement.	634

The director shall not enter into a contract for the purposes	635
of this section with any person holding a current, valid contract	636
to act as a deputy registrar under section 4503.03 of the Revised	637
Code.	638

A contractor shall be paid from moneys generated by the	639
applicable inspection fee established by the director of	640
environmental protection under division (D)(7) of this section. No	641
general revenue funds shall be used to pay any contractor. A	642
contractor shall assume, or in accordance with a lease required	643
under division (E) of this section shall provide for the	644
assumption of, all initial capital investment costs of the motor	645
vehicle inspection and maintenance program established under this	646
section with regard to the initial inspections and reinspections	647
required to be conducted by a contractor under this section and	648
shall amortize, or in accordance with such a lease shall provide	649
for the amortization of, those costs over the period of the	650
initial contract.	651

(2) The director of administrative services shall require	652
each potential contractor to include as a part of the potential	653
contractor's proposal detailed information concerning, without	654
limitation, all of the following:	655

(a) The financial condition of the potential contractor;

656

(b) Any specialized experience and technical competence of	657
the potential contractor in connection with the type of services	658
required for the program;	659

(c) The potential contractor's past record of performance	660
with other government agencies or public entities and with private	661
industry, including, without limitation, such matters as the	662
ability to meet schedules and the names of persons who will serve	663
as references concerning the quality of the potential contractor's	664
work;	665

(d) The capacity of the potential contractor to perform the	666
work within the specified time limitations;	667

(e) The potential contractor's proposed method and equipment	668
to accomplish the work required;	669

(f) The person from whom the potential contractor proposes to	670
lease real property, including land, buildings, and other	671
structures, necessary for the operation of the program as required	672
in division (E) of this section, including information concerning	673
at least all of the following:	674

(i) Any specialized experience and technical competence of	675
the person;	676

(ii) The person's past record of performance with other	677
government agencies or public entities and with private industry,	678
including the ability to meet schedules;	679

(iii) Names of individuals who will serve as references	680
concerning the quality of the person's work;	681

(iv) The capacity of the person to perform the work within	682
the specified time limitations.	683

(g) The potential contractor's proposed schedule for leasing	684
of inspection sites, equipping of facilities, training of	685
personnel, and implementation of a public education program.	686

Each potential contractor shall include with the potential	687
contractor's proposal a signed statement from the person	688
identified under division (D)(2)(f) of this section indicating	689
that the person understands the applicable requirements	690
established under this section and rules adopted under it and	691
intends to comply with those requirements.	692

(3) The director of administrative services shall require a	693
performance bond of not less than one million dollars. Each	694
proposal shall be accompanied by a letter of commitment from a	695
bonding company stating that if the proposal is accepted, the	696
bonding company will issue such a bond.	697

(4)(a) The director of administrative services shall review	698
all information submitted with proposals under division (D)(2) of	699
this section for compliance with proposal specifications. The	700
director may require any potential contractor to supplement the	701
potential contractor's proposal with oral commentary for	702
clarification of the proposal document and to determine the	703
qualifications of the potential contractor. Any clarification of	704
information included in the proposal also shall be in writing. The	705
director shall reject the proposal of any potential contractor	706
whom the director determines to be unqualified.	707

(b) Although the director may require clarification of	708
information submitted with a proposal in accordance with division	709
(D)(4)(a) of this section, the director shall not change the	710
proposal specifications for a contract following the issuance of	711
the request for proposals for that contract.	712

(5)(a) The director of administrative services shall award	713
has awarded an initial contract for a period of operation of not	714
more than ten years. Except as otherwise provided in division	715
(D)(5)(b) of this section, a contract may be renewed for periods	716
of not more than five years each, by mutual agreement of the	717
director and the contractor. Any contract awarded under division	718
(D)(5)(a) of this section is subject to the approval of the	719
controlling board.	720

(b) If the implementation and supervision of the enhanced	721
motor vehicle inspection and maintenance program in Cuyahoga	722
county is requested under section 3704.142 of the Revised Code and	723
the initial contract for the operation of the motor vehicle	724
inspection and maintenance program in that county is modified to	725
provide for the operation of the enhanced program in that county,	726
the initial contract for the operation of the motor vehicle	727
inspection and maintenance program in that county that is in	728
effect on the effective date of this amendment, as so modified,	729
may be renewed for a period of not more than ten years so that the	730
first renewal of that contract will expire on the same date as the	731
initial contract for the operation of the enhanced program in the	732
other counties in the same nonattainment area as Cuyahoga county.	733
That first renewal shall be made by mutual agreement of the	734
director and the contractor and is subject to the approval of the	735
controlling board. Any subsequent renewals of the contract for the	736
operation of the program in Cuyahoga county are subject to	737
division (D)(5)(a) of this section.	738

(6) A contract entered into under division (D) of this	739
section shall include, without limitation, all of the following	740
provisions:	741

(a) A requirement that the contractor enter into a lease with	742
the person identified in the contractor's proposal under division	743
(D)(2)(f) of this section for real property, including land,	744
buildings, and other structures, necessary for the operation of	745
the program as required in division (E) of this section;	746

(b) A requirement that the contractor provide any equipment,	747
parts, tools, services, personnel, supplies, materials, and	748
program software and software updates, and design and implement a	749
comprehensive public information program, necessary to conduct	750
motor vehicle inspections and reinspections required to be	751
conducted by a contractor under this section and data	752
communication links for reinspection stations licensed under	753
division (C) of this section;	754

(c) A provision allowing reasonable compensation, as	755
determined by the director of environmental protection, as	756
liquidated damages to the contractor if the motor vehicle	757
inspection and maintenance program established under this section	758
is terminated by law or its operation is discontinued during the	759
term of a contract or renewal, including, without limitation,	760
reasonable compensation for the unamortized costs of the	761
buildings, improvements, equipment, parts, tools, services,	762
supplies, and materials used by the contractor in the operation of	763
the program and the value of the remaining term of the contract to	764
the contractor. If a dispute arises as to the amount of the	765
compensation to be paid, it shall be submitted to and determined	766
by the court of claims under Chapter 2743. of the Revised Code.	767
The contractor shall remit any compensation so received for the	768
unamortized costs of the buildings and improvements to the person	769
with whom the contractor has entered into a lease in accordance	770
with division (E) of this section.	771

(d) A provision specifying that the forms for inspection	772
certificates are to be furnished by the contractor to the director	773
of environmental protection and that they shall conform to the	774
standards established by the director of environmental protection	775
in rules adopted under division (B)(1) of this section. The	776
director of environmental protection shall distribute the	777
inspection certificates to reinspection stations licensed under	778
division (C) of this section as needed.	779

(e) A provision allowing the director to require the	780
contractor to upgrade testing equipment in response to	781
improvements in technology and to negotiate reasonable	782
compensation for that upgrading.	783

(7) The director of environmental protection shall establish	784
inspection and reinspection fees to be paid by owners of motor	785
vehicles inspected under this section, provided that an owner	786
shall pay the inspection fee for the initial, annual, or biennial	787
inspection, as appropriate, only if the owner's vehicle passes	788
that inspection. The fees shall be sufficient to provide the	789
contractor's compensation identified in any contract entered into	790
under division (D) of this section plus the costs of the	791
environmental protection agency in implementing and administering	792
the motor vehicle inspection and maintenance program established	793
in this section. The inspection and reinspection fees shall not	794
differ in amount and shall not exceed ten dollars and fifty cents	795
under the basic motor vehicle inspection and maintenance program	796
or twenty-five dollars under the enhanced program. The director,	797
during the term of a contract or renewal, may increase the	798
inspection and reinspection fees if the director determines that	799
it is necessary to cover costs of the program, including increased	800
costs resulting from any upgrading of testing equipment pursuant	801
to division (D)(6)(e) of this section, or to prevent a possible	802
breach of contract, but shall not increase the fees above ten	803
dollars and fifty cents under the basic program or twenty-five	804
dollars under the enhanced program.	805

(8) The contractor shall do both of the following:

806

(a) Collect the fees established under division (D)(7) of	807
this section and forward to the director of environmental	808
protection the portion due the environmental protection agency;	809

(b) Maintain and make available for inspection by the	810
director of environmental protection, the auditor of state, or	811
their authorized representatives accurate records concerning the	812
collection of the fees. For the purposes of division (D)(8)(b) of	813
this section, record-keeping and accounting practices shall be	814
approved by the director. Failure to maintain or falsification of	815
fee collection records is grounds for breach of contract.	816

(9) The director of environmental protection shall credit the	817
moneys the director receives under division (D)(8)(a) of this	818
section to the motor vehicle inspection and maintenance fund	819
created in division (I) of this section.	820

(10) A contractor shall maintain and make available for	821
inspection by the director of environmental protection or the	822
director's authorized representative accurate records as required	823
by rules adopted under this section.	824

(11) If a contractor fails to perform an obligation imposed	825
by the contract entered into under division (D) of this section,	826
the director of environmental protection shall request the	827
attorney general to bring a civil action to recover the amount of	828
the bond executed under division (D)(3) of this section as well as	829
other appropriate relief. The director shall deposit any moneys	830
recovered in such a civil action in the motor vehicle inspection	831
and maintenance fund created in division (I) of this section.	832

(12) The director of environmental protection shall compile	833
and periodically revise lists of reinspection stations licensed	834
under division (C) of this section and located within individual	835
areas that are subject to the basic motor vehicle inspection and	836
maintenance program under this section. Each such list also shall	837
contain the locations of inspection stations operated by a	838
contractor within the applicable area. A contractor shall provide	839
the appropriate list to any owner whose motor vehicle fails the	840
initial inspection required under this section.	841

(13) The director of environmental protection shall compile	842
and periodically revise lists of inspection stations operated by a	843
contractor located within individual areas subject to the enhanced	844
motor vehicle inspection and maintenance program under this	845
section. A contractor shall provide the appropriate list to any	846
owner whose motor vehicle fails the initial inspection required	847
under this section.	848

(14) No owners, officers, or employees of a contractor	849
submitting a proposal or awarded a contract under division (D) of	850
this section shall have a principal interest in the person	851
identified by the contractor under division (D)(2)(f) of this	852
section or in any reinspection station licensed under division (C)	853
of this section.	854

(15) The department of administrative services may issue to	855
the environmental protection agency a release and permit under	856
section 125.06 of the Revised Code pursuant to which that agency	857
may issue and award a contract or contracts under division (D) of	858
this section. If a release and permit is issued, any reference to	859
the director of administrative services under divisions (D) and	860
(E) of this section is deemed to be a reference to the director of	861
environmental protection.	862

(E)(1) Notwithstanding section 3704.01 of the Revised Code,	863
as used in division (E) of this section, "person" has the same	864
meaning as in section 1.59 of the Revised Code.	865

(2) In order to fulfill the requirements of this section and	866
to comply with the "Clean Air Act Amendments," any contractor that	867
is awarded one or more contracts under division (D) of this	868
section shall enter into one or more assignable and renewable	869
leases with another person for the rental and use of real	870
property, including land, buildings, and other structures.	871

(3) The director of administrative services shall require a	872
contractor to make assignments of all leases under which the	873
contractor is lessee for real property to another contractor	874
awarded a contract under division (D) of this section. The	875
director shall require any contractor that is awarded a subsequent	876
contract under that division to renew the lease into which the	877
contractor entered under division (E)(2) of this section, or, if a	878
different contractor is awarded such a subsequent contract, the	879
director shall require that contractor to enter into a lease with	880
the person who was the lessor of the previous contractor.	881

(F)(1)(a) Except as otherwise provided in this section and	882
rules adopted under it, the owner of any self-propelled motor	883
vehicle the district of registration of which is or is located in	884
a county that is subject to this section shall have the vehicle	885
inspected annually, within three hundred sixty-five days prior to	886
the registration deadline established pursuant to rules adopted	887
under section 4503.101 of the Revised Code, by a contractor in	888
accordance with rules adopted under division (B)(3) of this	889
section if that county is subject to the basic motor vehicle	890
inspection and maintenance program pursuant to rules adopted under	891
that division or shall have the vehicle so inspected biennially	892
within three hundred sixty-five days prior to the registration	893
deadline so established if that county is subject to the enhanced	894
program pursuant to those rules. If the district of registration	895
of the motor vehicle is or is located in a county that is subject	896
to the enhanced program pursuant to rules adopted under division	897
(B)(3) of this section, the owner of the motor vehicle shall have	898
it inspected and, if necessary, reinspected only in a county that	899
is subject to the enhanced program under those rules. Any motor	900
vehicle that fails the inspection shall be reinspected in	901
accordance with rules adopted under that division. If the owner's	902
vehicle passes the inspection or any reinspection, the owner, at	903
the time of the inspection or reinspection, shall pay the	904
applicable fee established under division (D)(7) of this section.	905
An	906

An owner of a motor vehicle the district of registration of	907
which is or is located in a county that is subject to the basic	908
program under this section and for which a multi-year registration	909
is in effect under division (A)(1)(a) of section 4503.103 of the	910
Revised Code or rules adopted under it, in each of the years	911
intervening between the year of the issuance of that registration	912
and its expiration, shall have the vehicle inspected annually	913
within the three hundred sixty-five days prior to the anniversary	914
of the registration deadline applicable in the year in which the	915
multi-year registration was issued. An owner of a motor vehicle	916
the district of registration of which is or is located in a county	917
that is subject to the enhanced program under this section for	918
which a multi-year registration is in effect under division	919
(A)(1)(a) of section 4503.103 of the Revised Code or rules adopted	920
under it, biennially during the years intervening between the year	921
of issuance of that registration and its expiration, shall have	922
the vehicle inspected within three hundred sixty-five days prior	923
to each of the biennial anniversaries of the registration deadline	924
applicable in the year in which the multi-year registration was	925
issued. An	926

An owner of a motor vehicle the district of registration of	927
which is or is located in a county that is subject to a basic or	928
enhanced program under this section who has voluntarily chosen to	929
register the vehicle biennially in accordance with division	930
(A)(1)(b) of section 4503.103 of the Revised Code shall have the	931
vehicle inspected annually or biennially, as applicable, in	932
accordance with rules adopted under this section.	933

An owner who registers a motor vehicle after the registration	934
deadline for the vehicle has passed in a year in which the vehicle	935
is required to be inspected under division (F)(1)(a) of this	936
section may have the vehicle inspected at any time between the	937
registration deadline and the actual registration date.	938

Division (F)(1) of this section does not require the	939
inspection of a motor vehicle upon transfer of ownership or	940
possession.	941

Except as otherwise provided in division (F)(3) or (4) of	942
this section, proof that an inspection certificate was issued for	943
a motor vehicle during the previous twelve months shall be	944
provided before the registrar of motor vehicles may issue license	945
plates for that vehicle under section 4503.40 or 4503.42 of the	946
Revised Code.	947

The owner of any motor vehicle that is required to be	948
inspected under this section, but that is leased to another person	949
may require the lessee to have the vehicle inspected and obtain	950
the inspection certificate on behalf of the owner.	951

(b) If a vehicle required to be inspected passes the	952
inspection, the contractor shall give the owner an inspection	953
certificate for the vehicle.	954

(c) The contractor shall include as part of the inspection	955
required under this section a visual anti-tampering inspection	956
that meets the requirements established by rules adopted under	957
division (B)(3) of this section. If the visual anti-tampering	958
inspection indicates that any emission control device has been	959
removed, modified, or impaired, the owner shall have performed on	960
the vehicle whatever repairs are necessary to pass the visual	961
anti-tampering inspection and to restore the vehicle to its proper	962
condition, including, without limitation, the restoration of any	963
emission control device that was removed, modified, or impaired.	964
If the district of registration of the vehicle is or is located in	965
a county that is subject to the basic motor vehicle inspection and	966
maintenance program under this section, the owner then shall take	967
the vehicle to a contractor or a licensee. If the district of	968
registration of the vehicle is or is located in a county that is	969
subject to the enhanced program under this section, the owner then	970
shall take the vehicle to a contractor. If the contractor or	971
licensee determines that the vehicle has been restored to its	972
proper condition and the vehicle then passes the tailpipe	973
emissions inspection required under this section, the contractor	974
or licensee shall give the owner an inspection certificate for the	975
vehicle.	976

(d) Except as otherwise provided in division (F)(1)(f) of	977
this section, if a vehicle required to be inspected under this	978
section fails the inspection, and the contractor's visual	979
anti-tampering inspection conducted under division (F)(1)(c) of	980
this section does not reveal any removal, modification, or	981
impairment of an emission control device or, if the original	982
visual anti-tampering inspection revealed such a removal,	983
modification, or impairment, the vehicle again fails the tailpipe	984
emissions inspection after the owner has performed all necessary	985
repairs to restore the vehicle to its proper condition, the owner	986
shall have the cost of repairs necessary to pass the tailpipe	987
emissions inspection estimated by a repair facility, which cost	988
shall include the cost of an engine tune-up. If the cost of the	989
repairs that are necessary for the vehicle to pass the tailpipe	990
emissions inspection do not exceed the waiver limit for that	991
vehicle, the owner shall have the repairs performed on the	992
vehicle. The owner then shall have the vehicle reinspected by a	993
contractor or licensee.	994

If the vehicle passes the reinspection, the contractor or	995
licensee shall give the owner an inspection certificate for the	996
vehicle. If the vehicle fails the reinspection, and the cost of	997
the repairs already performed on the vehicle is less than the	998
applicable waiver limit, the owner shall have additional repairs	999
performed on the vehicle in order to enable it to pass another	1000
reinspection. If, after repairs costing at least the applicable	1001
waiver limit have been performed on the vehicle under division	1002
(F)(1)(d) of this section, the vehicle fails the reinspection, but	1003
the reinspection indicates an improvement in tailpipe emissions of	1004
the pollutant concerning which the vehicle initially failed the	1005
inspection as specified in rules adopted under division (B)(3) of	1006
this section and if, following the repairs, no emission levels	1007
increase above the standard established by rules adopted under	1008
that division for any pollutant concerning which the vehicle did	1009
not initially fail, the contractor shall give the owner an	1010
inspection certificate for the vehicle that includes a waiver	1011
indicating that the vehicle did not pass the required inspection,	1012
but that the owner had repairs costing at least the applicable	1013
waiver limit performed on the vehicle.	1014

For the purposes of divisions (F)(1)(d) to (f) of this	1015
section, only a contractor may do either of the following:	1016

(i) Issue inspection certificates that include waivers;

1017

(ii) Notwithstanding any provision of those divisions,	1018
conduct reinspections of vehicles the district of registration of	1019
which is or is located in a county that is subject to the enhanced	1020
program under this section.	1021

(e) Except as otherwise provided in division (F)(1)(f) of	1022
this section, if the cost of the repairs that are necessary for	1023
the vehicle to pass the tailpipe emissions inspection is estimated	1024
to be more than the applicable waiver limit, the owner need not	1025
have all of those repairs performed on the vehicle, but shall have	1026
an engine tune-up performed on the vehicle that meets the	1027
standards established by rules adopted under division (B)(3) of	1028
this section as well as any other necessary repairs the cost of	1029
which, together with the cost of the engine tune-up, equals at	1030
least the applicable waiver limit. Upon the owner's presentation	1031
of original repair receipts attesting that repairs costing at	1032
least the applicable waiver limit, including, without limitation,	1033
the engine tune-up required under division (F)(1)(e) of this	1034
section, have been performed on the vehicle, the contractor or	1035
licensee shall reinspect the vehicle to determine the	1036
effectiveness of the required engine tune-up. If the reinspection	1037
indicates an improvement in tailpipe emissions of the pollutant	1038
concerning which the vehicle initially failed the inspection as	1039
specified in rules adopted under division (B)(3) of this section	1040
and if, following the engine tune-up, no emission levels increase	1041
above the standard established by rules adopted under that	1042
division for any pollutant concerning which the vehicle did not	1043
initially fail, the contractor shall give the owner an inspection	1044
certificate for the vehicle that includes a waiver indicating that	1045
the vehicle did not pass the required inspection, but that the	1046
owner complied with all requirements governing waivers.	1047

(f) If a vehicle required to be inspected under this section	1048
fails the inspection, and the contractor's visual anti-tampering	1049
inspection conducted under division (F)(1)(c) of this section does	1050
not reveal any removal, modification, or impairment of an emission	1051
control device or, if the original visual anti-tampering	1052
inspection revealed such a removal, modification, or impairment,	1053
the vehicle again fails the tailpipe emissions inspection after	1054
the owner has performed all necessary repairs to restore the	1055
vehicle to its proper condition, the owner may perform the repairs	1056
necessary for the vehicle to pass the tailpipe emissions	1057
inspection. The owner shall keep a detailed record of the costs	1058
incurred in performing those repairs. After performing repairs on	1059
the vehicle costing not more than the applicable waiver limit, the	1060
owner shall have the vehicle reinspected by the contractor or a	1061
licensee.	1062

If the vehicle passes the reinspection, the contractor or	1063
licensee shall give the owner an inspection certificate for the	1064
vehicle. If the vehicle fails the reinspection and the documented	1065
cost of the repairs performed by the owner is less than the	1066
applicable waiver limit, the owner shall have the cost of repairs	1067
necessary to pass the tailpipe emissions inspection estimated by a	1068
repair facility. The estimate shall include, without limitation,	1069
the cost of an engine tune-up that meets the standards established	1070
by rules adopted under division (B)(3) of this section. If the	1071
cost of the engine tune-up, together with the documented cost of	1072
the repairs performed by the owner, does not exceed the applicable	1073
waiver limit, the owner shall have the engine tune-up performed on	1074
the vehicle as well as any other necessary repairs the cost of	1075
which, together with that documented cost and the cost of the	1076
engine tune-up, equals at least the applicable waiver limit.	1077

If the documented cost of repairs performed by the owner and	1078
the estimated cost of an engine tune-up that meets the standards	1079
established in rules adopted under division (B)(3) of this section	1080
exceed the applicable waiver limit, the owner shall have	1081
additional repairs performed on the vehicle by a repair facility	1082
in order to enable it to pass another reinspection or until a	1083
minimum expenditure equal to the applicable waiver limit is met,	1084
whichever occurs first.	1085

If, after repairs costing at least the applicable waiver	1086
limit have been performed on the vehicle under division (F)(1)(f)	1087
of this section, the vehicle fails the tailpipe reinspection, but	1088
the reinspection indicates an improvement in the tailpipe	1089
emissions of the pollutant concerning which the vehicle initially	1090
failed the inspection as specified in rules adopted under division	1091
(B)(3) of this section and if, following the repairs, no emission	1092
levels increase above the standard established by rules adopted	1093
under that division for any pollutant concerning which the vehicle	1094
did not initially fail, the contractor shall give the owner an	1095
inspection certificate for the vehicle that includes a waiver	1096
indicating that the vehicle did not pass the required inspection,	1097
but that the owner performed or had performed on the vehicle	1098
repairs costing at least the applicable waiver limit.	1099

(g) If a motor vehicle that is required to be inspected under	1100
this section is covered by a valid and unexpired emission	1101
performance warranty as provided under section 207(b) of the	1102
"Clean Air Act Amendments," the owner shall have any repairs	1103
necessary for the vehicle to pass that inspection performed on the	1104
vehicle under that warranty. Such a vehicle is not eligible for a	1105
waiver under division (F)(1)(d), (e), or (f) of this section.	1106

(2) An owner or lessee of a motor vehicle required to be	1107
inspected under this section and applicable rules adopted under it	1108
shall present an inspection certificate issued for that vehicle by	1109
a contractor or a licensee under this section when registering the	1110
vehicle under Chapter 4503. of the Revised Code.	1111

(3) The following motor vehicles are exempt from the	1112
inspection requirements of this section and applicable rules	1113
adopted under it:	1114

(a) Vehicles over twenty-five years old, as determined by	1115
model year, on the date on which proof of an annual inspection	1116
otherwise would be required to be submitted with an application	1117
for registration of the vehicles under this section and Chapter	1118
4503. of the Revised Code;	1119

(b) Vehicles registered to military personnel assigned to	1120
military reservations outside this state, the district of	1121
registration of which is or is located in any county that is	1122
subject to this section;	1123

(c) Passenger cars and noncommercial motor vehicles, as	1124
defined in section 4501.01 of the Revised Code, that weigh over	1125
ten thousand pounds gross vehicle weight;	1126

(d) Commercial cars, as defined in section 4501.01 of the	1127
Revised Code, having a taxable gross vehicle weight of more than	1128
ten thousand pounds as provided in section 4503.042 of the Revised	1129
Code;	1130

(e) Historical vehicles registered under section 4503.181 of	1131
the Revised Code;	1132

(f) Licensed collector's vehicles as defined in section	1133
4501.01 of the Revised Code;	1134

(g) Parade and exhibition vehicles registered under section	1135
4503.18 of the Revised Code;	1136

(h) Motorcycles as defined in section 4511.01 of the Revised	1137
Code;	1138

(i) Electrically powered and alternatively fueled vehicles,	1139
including at least those that are equipped to operate using	1140
primarily one hundred per cent propane, butane, hydrogen, alcohol,	1141
or natural gas as fuel;	1142

(j) Recreational vehicles as defined in section 4501.01 of	1143
the Revised Code.	1144

(4) A motor vehicle, the legal title to which has never been	1145
transferred by a manufacturer, distributor, or dealer to an	1146
ultimate purchaser as defined in section 4517.01 of the Revised	1147
Code, is exempt from the inspection requirements of this section	1148
and rules adopted under it for a period of one year commencing on	1149
the date when the first certificate of title to the vehicle was	1150
issued on behalf of the ultimate purchaser under Chapter 4503. of	1151
the Revised Code if the district of registration of the vehicle is	1152
or is located in a county that is subject to the basic motor	1153
vehicle inspection and maintenance program under this section and	1154
rules adopted under it or is exempt from those inspection	1155
requirements for a period of two years commencing on the date when	1156
the first certificate of title to the vehicle was issued on behalf	1157
of the ultimate purchaser under that chapter if the district of	1158
registration of the vehicle is or is located in a county that is	1159
subject to the enhanced program under this section and rules	1160
adopted under it.	1161

(5) The director shall notify, by mail, the owners of all	1162
motor vehicles, the district of registration of which is or is	1163
located in any county that is subject to this section, of the	1164
applicable requirements established under this section.	1165

(6) Notwithstanding division (F)(4) of this section and any	1166
contract entered into under this section prior to the effective	1167
date of this amendment, a motor vehicle, the legal title to which	1168
has never been transferred by a manufacturer, distributor, or	1169
dealer to an ultimate purchaser as defined in section 4517.01 of	1170
the Revised Code, is exempt from the inspection requirements of	1171
this section and rules adopted under it for a period of five years	1172
commencing on the date when the first certificate of title to the	1173
vehicle was issued on behalf of the ultimate purchaser under	1174
Chapter 4503. of the Revised Code. A motor vehicle that is exempt	1175
from the motor vehicle inspection and maintenance program for a	1176
period of five years under this division remains exempt during	1177
that five-year period regardless of whether legal title to the	1178
motor vehicle is transferred during that period. Division (F)(6)	1179
of this section applies to motor vehicles that are subject to a	1180
motor vehicle inspection and maintenance program conducted in	1181
accordance with a contract entered into under this section prior	1182
to the effective date of this amendment. Division (F)(4) of this	1183
section shall have no legal effect on and after the effective date	1184
of this amendment.	1185

(G) The owner of a fleet of twenty-five or more vehicles	1186
required to be inspected under this section, instead of having the	1187
owner's motor vehicles inspected by a contractor or reinspected by	1188
a contractor or a licensee, may conduct self-inspection of those	1189
vehicles in accordance with rules adopted by the director of	1190
environmental protection under this section. The rules shall	1191
establish, without limitation, requirements governing inspections	1192
and reinspections conducted by any such owner, any inspection	1193
stations owned and operated by any such owner for that purpose,	1194
and inspection equipment used for that purpose; an annual	1195
reporting requirement to assist the director in determining	1196
compliance with this division; and the method of and procedures	1197
for payment of a fee that shall not exceed three dollars for each	1198
vehicle that is included in the self-inspection program.	1199

(H) The federal government, the state, any political	1200
subdivision, and any agency or instrumentality of those entities,	1201
in accordance with rules adopted by the director of environmental	1202
protection under this section, shall have inspected by a	1203
contractor or reinspected by a contractor or a licensee or shall	1204
self-inspect any motor vehicles that they own and operate in any	1205
county that is subject to this section. The director shall adopt	1206
rules under this section for the purposes of this division. The	1207
rules shall establish, without limitation, an annual reporting	1208
requirement to assist the director in determining compliance with	1209
this division. The director may issue a notice of violation to a	1210
governmental entity that the director finds has violated any	1211
specific prohibition or has failed to comply with any affirmative	1212
requirement of this section or any rule adopted under it. The	1213
notice of violation shall set forth the specific violation or	1214
failure to comply allegedly committed by the governmental entity	1215
and shall be accompanied by an order requiring the governmental	1216
entity to pay to the director the appropriate civil penalty	1217
prescribed in this division. A governmental entity that receives a	1218
notice of violation and order under this division for a violation	1219
or failure to comply is liable for a civil penalty of two hundred	1220
fifty dollars. The director may request the attorney general to	1221
take appropriate action to effect compliance. Notwithstanding	1222
division (A) of this section, as used in this division, "motor	1223
vehicle" has the same meaning as in section 4511.01 of the Revised	1224
Code.	1225

(I) There is hereby created in the state treasury the motor	1226
vehicle inspection and maintenance fund, which shall consist of	1227
moneys received by the director under this section and section	1228
3704.17 of the Revised Code. The director shall use moneys in the	1229
fund solely for administration, supervision, and enforcement of	1230
the program established under this section and rules adopted under	1231
it and public education concerning the program.	1232

(J) The director periodically shall review the information	1233
submitted to the director by licensed reinspection stations	1234
pursuant to rules adopted under division (C)(6) of this section,	1235
information submitted to the director by any contractor under	1236
division (D)(10) of this section, annual reports submitted by	1237
motor vehicle fleet owners under division (G) of this section and	1238
rules adopted under that division, and the list of motor vehicles	1239
for which multi-year registrations are in effect provided to the	1240
director under division (I)(2)(b) of section 4503.10 of the	1241
Revised Code, as necessary to determine whether owners of motor	1242
vehicles who have obtained multi-year registrations under section	1243
4503.103 of the Revised Code or rules adopted under it have	1244
complied with the requirement of division (F)(1)(a) of this	1245
section to have their vehicles inspected and obtain inspection	1246
certificates for them annually or biennially, whichever is	1247
applicable. If the director finds from that information that, in a	1248
year intervening between the years of issuance and expiration of a	1249
multi-year registration in which an owner is required to have a	1250
vehicle inspected and obtain an inspection certificate for it	1251
under that division, the owner has not done so within the	1252
applicable three hundred sixty-five day period, the director	1253
immediately shall send written notice of that fact to the	1254
registrar of motor vehicles. Upon receipt of information submitted	1255
pursuant to rules adopted under division (C)(6) of this section,	1256
information submitted under division (D)(10) of this section, or	1257
the annual report of a fleet owner submitted pursuant to rules	1258
adopted under division (G) of this section indicating that an	1259
owner who was the subject of an earlier notice to the registrar	1260
under this division has had the vehicle named in the notice	1261
inspected and has obtained an inspection certificate for it in	1262
compliance with division (F)(1)(a) of this section, the director	1263
immediately shall send written notice of that fact to the	1264
registrar.	1265

(K)(1)(a) If a redesignation request demonstrating compliance	1266
with the national ambient air quality standard for carbon monoxide	1267
or ozone in a county designated as nonattainment for carbon	1268
monoxide or ozone and demonstrating that operation of a motor	1269
vehicle inspection and maintenance program is not necessary for	1270
attainment and maintenance of those standards in that county has	1271
been submitted to and is pending before the United States	1272
environmental protection agency under the "Clean Air Act	1273
Amendments," and if no release and permit has been issued to the	1274
environmental protection agency under division (D)(14)(15) of this	1275
section and section 125.06 of the Revised Code, the director of	1276
environmental protection may submit a written request to the	1277
director of administrative services to indefinitely delay the	1278
issuance of a request for proposals or the award of a contract	1279
under division (D) of this section for the operation of a motor	1280
vehicle inspection and maintenance program in that county or, if	1281
such a request for proposals has been issued under that division,	1282
to withdraw it. Upon receipt of such a written request from the	1283
director of environmental protection, the director of	1284
administrative services shall take the requested actions.	1285

(b) If a release and permit has been issued to the	1286
environmental protection agency under division (D)(14)(15) of this	1287
section and section 125.06 of the Revised Code, the director of	1288
environmental protection may indefinitely delay the issuance of a	1289
request for proposals and award of a contract under division (D)	1290
of this section for the operation of a motor vehicle inspection	1291
and maintenance program or may withdraw any such request that has	1292
been issued under that division in connection with a county for	1293
which a redesignation request making the demonstrations described	1294
in division (K)(1)(a) of this section has been submitted to and is	1295
pending before the United States environmental protection agency	1296
under the "Clean Air Act Amendments."	1297

(c) If no release and permit has been issued to the	1298
environmental protection agency under division (D)(14)(15) of this	1299
section and section 125.06 of the Revised Code, the director of	1300
environmental protection may submit a written request to the	1301
director of administrative services to proceed with the issuance	1302
of a request for proposals and the award of a contract for the	1303
operation of a motor vehicle inspection and maintenance program	1304
under division (D) of this section in a county for which a	1305
redesignation request described in division (K)(1)(a) of this	1306
section was submitted to the United States environmental	1307
protection agency or, if such a release and permit has been issued	1308
to the environmental protection agency, the director of	1309
environmental protection may proceed with the issuance of such a	1310
request under either of the following circumstances:	1311

(i) Upon disapproval of the redesignation request by the	1312
United States environmental protection agency;	1313

(ii) Upon approval of the redesignation request by the United	1314
States environmental protection agency if the director of	1315
environmental protection determines that operation of a motor	1316
vehicle inspection and maintenance program in the county is	1317
necessary to protect and maintain compliance with the national	1318
ambient air quality standard for carbon monoxide or ozone in the	1319
county.	1320

If no such release and permit has been issued to the	1321
environmental protection agency, the director of administrative	1322
services, upon receipt of a written request from the director of	1323
environmental protection under division (K)(1)(c) of this section,	1324
shall take the requested actions.	1325

(2) If at any time air quality monitoring data in any county	1326
where a motor vehicle inspection and maintenance program is	1327
required under this section and rules adopted under it demonstrate	1328
that that county has attained and maintained compliance for three	1329
consecutive years with the national ambient air quality standard	1330
for carbon monoxide or ozone under the "Clean Air Act Amendments,"	1331
the director, at the earliest possible date, shall prepare and	1332
submit to the administrator of the United States environmental	1333
protection agency a demonstration that such attainment has been so	1334
achieved and maintained in that county. If the administrator	1335
approves the director's submittal as demonstrating that compliance	1336
with the national ambient air quality standard for carbon monoxide	1337
or ozone under that act has been achieved and maintained in the	1338
county and if the director determines that continued operation of	1339
a motor vehicle inspection and maintenance program in the county	1340
is not necessary to protect and maintain compliance with the	1341
national ambient air quality standard for carbon monoxide or	1342
ozone, the director may rescind the rules adopted under division	1343
(B) of this section requiring implementation and operation of the	1344
program in that county. A rescission shall take effect in such a	1345
county on the date of the expiration of the contract or renewal	1346
thereof provided for in division (D) of this section that next	1347
succeeds the administrator's approval of the demonstration in that	1348
county.	1349

(L) There is hereby created the motor vehicle inspection and	1350
maintenance program legislative oversight committee, which shall	1351
be comprised of six members. The speaker of the house of	1352
representatives shall appoint three members of the house of	1353
representatives to the committee, not more than two of whom shall	1354
be from any one political party, and the president of the senate	1355
shall appoint three members of the senate to the committee, not	1356
more than two of whom shall be from any one political party. Each	1357
member shall serve at the pleasure of the member's appointing	1358
authority. During the first year of any legislative session, the	1359
chairmanchairperson of the committee shall be a member from the	1360
house of representatives and the vice-chairmanvice-chairperson	1361
shall be a member from the senate, as designated by their	1362
appointing authorities. During the second year of any legislative	1363
session, the chairmanchairperson shall be a member from the	1364
senate and the vice-chairmanvice-chairperson shall be a member	1365
from the house of representatives, as designated by their	1366
appointing authorities.	1367

The committee shall monitor the motor vehicle inspection and	1368
maintenance program established under this section and, in doing	1369
so, shall work in complete cooperation with the Ohio environmental	1370
protection agency and the United States environmental protection	1371
agency. The former agency shall provide to the committee any data,	1372
reports, and other information and materials requested by the	1373
committee.	1374

The director shall notify the committee whenever the program	1375
established under this section is required to be implemented in a	1376
county because of a change in that county's nonattainment	1377
classification under the "Clean Air Act Amendments" or if an	1378
enhanced program is required to be implemented in a county under	1379
section 3704.142 of the Revised Code.	1380

If at any time the program established under this section is	1381
terminated, the committee shall cease to exist on the date of	1382
termination.	1383

(M) Implementation of the motor vehicle inspection and	1384
maintenance program established under this section is an essential	1385
state function mandated by the "Clean Air Act Amendments." The	1386
director or the director's authorized representative may perform	1387
essential governmental duties that are necessary to implement the	1388
program properly within any county that is subject to this	1389
section, including at least the placement of directional traffic	1390
signs to assist citizens in finding inspection stations. The	1391
director or the director's authorized representative need not	1392
comply with any applicable ordinances or resolutions of any	1393
political subdivisions if that compliance would prevent the	1394
director or the director's authorized representative from	1395
performing any such essential governmental duties.	1396

Sec. 3704.143. (A) As used in this section, "contract" means	1397
a contract entered into by the state under section 3704.14 of the	1398
Revised Code with a private contractor for the purpose of	1399
conducting emissions inspections under a motor vehicle inspection	1400
and maintenance program.	1401

(B) Notwithstanding division (D)(5) of section 3704.14 of the	1402
Revised Code, the director of administrative services or the	1403
director of environmental protection, as applicable, shall not	1404
renew any contract that is in existence on the effective date of	1405
this sectionSeptember 5, 2001. Further, the director of	1406
administrative services or the director of environmental	1407
protection, as applicable, shall not enter into a new contract	1408
upon the expiration or termination of any contract that is in	1409
existence on the effective date of this sectionSeptember 5, 2001,	1410
or enter into any new contract for the implementation of a motor	1411
vehicle inspection and maintenance program in a county in which	1412
such a program is not operating on that date.	1413

(C) Notwithstanding section 3704.14 of the Revised Code or	1414
any other section of the Revised Code that requires emissions	1415
inspections to be conducted or proof of such inspections to be	1416
provided, upon the expiration or termination of all contracts that	1417
are in existence on the effective date of this sectionSeptember	1418
5, 2001, the director of environmental protection shall terminate	1419
all motor vehicle inspection and maintenance programs in this	1420
state and shall not implement a new motor vehicle inspection and	1421
maintenance program unless this section is repealed and such a	1422
program is authorized by the general assembly.	1423

(D) Notwithstanding section 3704.14 of the Revised Code or	1424
any other section of the Revised Code that requires emissions	1425
inspections to be conducted or proof of such inspections to be	1426
provided, if the general assembly authorizes any program for the	1427
inspection of motor vehicle emissions under division (C) of this	1428
section after all contracts for a motor vehicle inspection and	1429
maintenance program that are in existence on September 5, 2001,	1430
terminate or expire, a motor vehicle, the legal title to which has	1431
never been transferred by a manufacturer, distributor, or dealer	1432
to an ultimate purchaser as defined in section 4517.01 of the	1433
Revised Code, shall be exempt from any emissions inspections that	1434
are required under such a program for a period of five years	1435
commencing on the date when the first certificate of title to the	1436
vehicle was issued on behalf of the ultimate purchaser under	1437
Chapter 4503. of the Revised Code. A motor vehicle that is exempt	1438
from any emissions inspections for a period of five years under	1439
this division shall remain exempt during that five-year period	1440
regardless of whether legal title to the motor vehicle is	1441
transferred during that period.	1442

Sec. 4501.10.  (A) Except as provided in divisiondivisions	1443
(B) and (C) of this section, money received by the department of	1444
public safety from the sale of motor vehicles and related	1445
equipment pursuant to section 125.13 of the Revised Code shall be	1446
transferred to the highway safety salvage and exchange	1447
administration fund or highway safety salvage and exchange highway	1448
patrol fund, as appropriate. Such funds are hereby created in the	1449
state treasury. The money shall be used only to purchase	1450
replacement motor vehicles and related equipment. All investment	1451
earnings of these funds shall be credited to the funds,	1452
respectively.	1453

(B) Money received by the department of public safety from	1454
the sale of motor vehicles and related equipment of the bureau of	1455
motor vehicles pursuant to section 125.13 of the Revised Code	1456
shall be transferred to the state bureau of motor vehicles fund	1457
created by section 4501.25 of the Revised Code.	1458

(C) Money received by the department of public safety	1459
investigative unit established under section 5502.13 of the	1460
Revised Code from the sale of motor vehicles and other equipment	1461
pursuant to section 125.13 of the Revised Code shall be deposited	1462
into the public safety investigative unit salvage and exchange	1463
fund, which is hereby created in the state treasury. The money in	1464
the fund shall be used only to purchase replacement motor vehicles	1465
and other equipment for that unit.	1466

Sec. 4501.21.  (A) There is hereby created in the state	1467
treasury the license plate contribution fund. The fund shall	1468
consist of all contributions paid by motor vehicle registrants and	1469
collected by the registrar of motor vehicles pursuant to sections	1470
4503.50, 4503.51, 4503.55, 4503.561, 4503.591, 4503.67, 4503.68,	1471
4503.69, 4503.71, 4503.711, 4503.72, 4503.73, and 4503.75 of the	1472
Revised Code.	1473

(B) The registrar shall disburse the contributions the	1474
registrar collects in the fund as follows:	1475

(1) The registrar shall pay the contributions the registrar	1476
receives pursuant to section 4503.50 of the Revised Code to the	1477
future farmers of America foundation, which shall deposit the	1478
contributions into its general account to be used for educational	1479
and scholarship purposes of the future farmers of America	1480
foundation.	1481

(2) The registrar shall pay each contribution the registrar	1482
receives pursuant to section 4503.51 of the Revised Code to the	1483
university or college whose name or marking or design appears on	1484
collegiate license plates that are issued to a person under that	1485
section. A university or college that receives contributions from	1486
the fund shall deposit the contributions into its general	1487
scholarship fund.	1488

(3) The registrar shall pay the contributions the registrar	1489
receives pursuant to section 4503.55 of the Revised Code to the	1490
pro football hall of fame, which shall deposit the contributions	1491
into a special bank account that it establishes and which shall be	1492
separate and distinct from any other account the pro football hall	1493
of fame maintains, to be used exclusively for the purpose of	1494
promoting the pro football hall of fame as a travel destination.	1495

(4) The registrar shall pay the contributions the registrar	1496
receives pursuant to section 4503.561 of the Revised Code to the	1497
state of Ohio chapter of ducks unlimited, inc., which shall	1498
deposit the contributions into a special bank account that it	1499
establishes. The special bank account shall be separate and	1500
distinct from any other account the state of Ohio chapter of ducks	1501
unlimited, inc., maintains and shall be used exclusively for the	1502
purpose of protecting, enhancing, restoring, and managing wetlands	1503
and conserving wildlife habitat. The state of Ohio chapter of	1504
ducks unlimited, inc., annually shall notify the registrar in	1505
writing of the name, address, and account to which payments are to	1506
be made under division (B)(4) of this section.	1507

(5) The registrar shall pay to a sports commission created	1508
pursuant to section 4503.591 of the Revised Code each contribution	1509
the registrar receives under section 4503.591 of the Revised Code	1510
that an applicant pays to obtain license plates that bear the logo	1511
of a professional sports team located in the county of that sports	1512
commission and that is participating in the license plate program	1513
established by section 4503.591 of the Revised Code, irrespective	1514
of the county of residence of an applicant.	1515

(6) The registrar shall pay the contributions the registrar	1516
receives pursuant to section 4503.67 of the Revised Code to the	1517
Dan Beard council of the boy scouts of America. The council shall	1518
distribute all contributions in an equitable manner throughout the	1519
state to regional councils of the boy scouts.	1520

(7) The registrar shall pay the contributions the registrar	1521
receives pursuant to section 4503.68 of the Revised Code to the	1522
great river council of the girl scouts of the United States of	1523
America. The council shall distribute all contributions in an	1524
equitable manner throughout the state to regional councils of the	1525
girl scouts.	1526

(8) The registrar shall pay the contributions the registrar	1527
receives pursuant to section 4503.69 of the Revised Code to the	1528
Dan Beard council of the boy scouts of America. The council shall	1529
distribute all contributions in an equitable manner throughout the	1530
state to regional councils of the boy scouts.	1531

(9) The registrar shall pay the contributions the registrar	1532
receives pursuant to section 4503.71 of the Revised Code to the	1533
fraternal order of police of Ohio, incorporated, which shall	1534
deposit the fees into its general account to be used for purposes	1535
of the fraternal order of police of Ohio, incorporated.	1536

(10) The registrar shall pay the contributions the registrar	1537
receives pursuant to section 4503.711 of the Revised Code to the	1538
fraternal order of police of Ohio, incorporated, which shall	1539
deposit the contributions into an account that it creates to be	1540
used for the purpose of advancing and protecting the law	1541
enforcement profession, promoting improved law enforcement	1542
methods, and teaching respect for law and order.	1543

(11) The registrar shall pay the contributions the registrar	1544
receives pursuant to section 4503.72 of the Revised Code to the	1545
organization known on the effective date of this section as the	1546
Ohio CASA/GAL association, a private, nonprofit corporation	1547
organized under Chapter 1702. of the Revised Code. The Ohio	1548
CASA/GAL association shall use these contributions to pay the	1549
expenses it incurs in administering a program to secure the proper	1550
representation in the courts of this state of abused, neglected,	1551
and dependent children, and for the training and supervision of	1552
persons participating in that program.	1553

(12) The registrar shall pay the contributions the registrar	1554
receives pursuant to section 4503.73 of the Revised Code to Wright	1555
B. Flyer, incorporated, which shall deposit the contributions into	1556
its general account to be used for purposes of Wright B. Flyer,	1557
incorporated.	1558

(13) The registrar shall pay the contributions the registrar	1559
receives pursuant to section 4503.75 of the Revised Code to the	1560
rotary foundation, located on the effective date of this section	1561
in Evanston, Illinois, to be placed in a fund known as the	1562
permanent fund and used to endow educational and humanitarian	1563
programs of the rotary foundation.	1564

(C) All investment earnings of the license plate contribution	1565
fund shall be credited to the fund. Not later than the first day	1566
of May of every year, the registrar shall distribute to each	1567
entity described in divisions (B)(1) to (13) of this section the	1568
investment income the fund earned the previous calendar year. The	1569
amount of such a distribution paid to an entity shall be	1570
proportionate to the amount of money the entity received from the	1571
fund during the previous calendar year.	1572

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	1573
motorcycle, and all-purpose vehicle required to be registered	1574
under section 4519.02 of the Revised Code shall file an	1575
application for registration under section 4519.03 of the Revised	1576
Code. The owner of a motor vehicle, other than a snowmobile,	1577
off-highway motorcycle, or all-purpose vehicle, that is not	1578
designed and constructed by the manufacturer for operation on a	1579
street or highway may not register it under this chapter except	1580
upon certification of inspection pursuant to section 4513.02 of	1581
the Revised Code by the sheriff, or the chief of police of the	1582
municipal corporation or township, with jurisdiction over the	1583
political subdivision in which the owner of the motor vehicle	1584
resides. Except as provided in section 4503.103 of the Revised	1585
Code, every owner of every other motor vehicle not previously	1586
described in this section and every person mentioned as owner in	1587
the last certificate of title of a motor vehicle that is operated	1588
or driven upon the public roads or highways shall cause to be	1589
filed each year, by mail or otherwise, in the office of the	1590
registrar of motor vehicles or a deputy registrar, a written or	1591
electronic application or a preprinted registration renewal notice	1592
issued under section 4503.102 of the Revised Code, the form of	1593
which shall be prescribed by the registrar, for registration for	1594
the following registration year, which shall begin on the first	1595
day of January of every calendar year and end on the thirty-first	1596
day of December in the same year. Applications for registration	1597
and registration renewal notices shall be filed at the times	1598
established by the registrar pursuant to section 4503.101 of the	1599
Revised Code. A motor vehicle owner also may elect to apply for or	1600
renew a motor vehicle registration by electronic means using	1601
electronic signature in accordance with rules adopted by the	1602
registrar. Except as provided in division (J) of this section,	1603
applications for registration shall be made on blanks furnished by	1604
the registrar for that purpose, containing the following	1605
information:	1606

(1) A brief description of the motor vehicle to be	1607
registered, including the name of the manufacturer, the factory	1608
number of the vehicle, the year's model, and, in the case of	1609
commercial cars, the gross weight of the vehicle fully equipped	1610
computed in the manner prescribed in section 4503.08 of the	1611
Revised Code;	1612

(2) The name and residence address of the owner, and the	1613
township and municipal corporation in which the owner resides;	1614

(3) The district of registration, which shall be determined	1615
as follows:	1616

(a) In case the motor vehicle to be registered is used for	1617
hire or principally in connection with any established business or	1618
branch business, conducted at a particular place, the district of	1619
registration is the municipal corporation in which that place is	1620
located or, if not located in any municipal corporation, the	1621
county and township in which that place is located.	1622

(b) In case the vehicle is not so used, the district of	1623
registration is the municipal corporation or county in which the	1624
owner resides at the time of making the application.	1625

(4) Whether the motor vehicle is a new or used motor vehicle;

1626

(5) The date of purchase of the motor vehicle;

1627

(6) Whether the fees required to be paid for the registration	1628
or transfer of the motor vehicle, during the preceding	1629
registration year and during the preceding period of the current	1630
registration year, have been paid. Each application for	1631
registration shall be signed by the owner, either manually or by	1632
electronic signature, or pursuant to obtaining a limited power of	1633
attorney authorized by the registrar for registration, or other	1634
document authorizing such signature. If the owner elects to apply	1635
for or renew the motor vehicle registration with the registrar by	1636
electronic means, the owner's manual signature is not required.	1637

(7) The owner's social security number, if assigned, or,	1638
where a motor vehicle to be registered is used for hire or	1639
principally in connection with any established business, the	1640
owner's federal taxpayer identification number. The bureau of	1641
motor vehicles shall retain in its records all social security	1642
numbers provided under this section, but the bureau shall not	1643
place social security numbers on motor vehicle certificates of	1644
registration.	1645

(B) Each time an applicant first registers a motor vehicle in	1646
the applicant's name, the applicant shall present for inspection a	1647
physical certificate of title or a memorandum certificate showing	1648
title to the motor vehicle to be registered in the name of the	1649
applicant if a physical certificate of title or memorandum	1650
certificate has been issued by a clerk of a court of common pleas.	1651
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	1652
Code, a clerk instead has issued an electronic certificate of	1653
title for the applicant's motor vehicle, that certificate may be	1654
presented for inspection at the time of first registration in a	1655
manner prescribed by rules adopted by the registrar. When a motor	1656
vehicle inspection and maintenance program is in effect under	1657
section 3704.14 of the Revised Code and rules adopted under it,	1658
each application for registration for a vehicle required to be	1659
inspected under that section and those rules shall be accompanied	1660
by an inspection certificate for the motor vehicle issued in	1661
accordance with that section. The application shall be refused if	1662
any of the following applies:	1663

(1) The application is not in proper form.

1664

(2) The application is prohibited from being accepted by	1665
division (D) of section 2935.27, division (A) of section 2937.221,	1666
division (A) of section 4503.13, division (B) of section 4507.168,	1667
or division (B)(1) of section 4521.10 of the Revised Code.	1668

(3) A certificate of title or memorandum certificate of title	1669
does not accompany the application or, in the case of an	1670
electronic certificate of title, is not presented in a manner	1671
prescribed by the registrar's rules.	1672

(4) All registration and transfer fees for the motor vehicle,	1673
for the preceding year or the preceding period of the current	1674
registration year, have not been paid.	1675

(5) The owner or lessee does not have an inspection	1676
certificate for the motor vehicle as provided in section 3704.14	1677
of the Revised Code, and rules adopted under it, if that section	1678
is applicable.	1679

This section does not require the payment of license or	1680
registration taxes on a motor vehicle for any preceding year, or	1681
for any preceding period of a year, if the motor vehicle was not	1682
taxable for that preceding year or period under sections 4503.02,	1683
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	1684
Revised Code. When a certificate of registration is issued upon	1685
the first registration of a motor vehicle by or on behalf of the	1686
owner, the official issuing the certificate shall indicate the	1687
issuance with a stamp on the certificate of title or memorandum	1688
certificate or, in the case of an electronic certificate of title,	1689
an electronic stamp or other notation as specified in rules	1690
adopted by the registrar, and with a stamp on the inspection	1691
certificate for the motor vehicle, if any. The official also shall	1692
indicate, by a stamp or by other means the registrar prescribes,	1693
on the registration certificate issued upon the first registration	1694
of a motor vehicle by or on behalf of the owner the odometer	1695
reading of the motor vehicle as shown in the odometer statement	1696
included in or attached to the certificate of title. Upon each	1697
subsequent registration of the motor vehicle by or on behalf of	1698
the same owner, the official also shall so indicate the odometer	1699
reading of the motor vehicle as shown on the immediately preceding	1700
certificate of registration.	1701

The registrar shall include in the permanent registration	1702
record of any vehicle required to be inspected under section	1703
3704.14 of the Revised Code the inspection certificate number from	1704
the inspection certificate that is presented at the time of	1705
registration of the vehicle as required under this division.	1706

(C)(1) Commencing with each registration renewal with an	1707
expiration date on or after October 1, 2003, and for each initial	1708
application for registration received on and after that date, the	1709
registrar and each deputy registrar shall collect an additional	1710
fee of eleven dollars for each application for registration and	1711
registration renewal received. The additional fee is for the	1712
purpose of defraying the department of public safety's costs	1713
associated with the administration and enforcement of the motor	1714
vehicle and traffic laws of Ohio. Each deputy registrar shall	1715
transmit the fees collected under division (C)(1) of this section	1716
in the time and manner provided in this section. The registrar	1717
shall deposit all moneys received under division (C)(1) of this	1718
section into the state highway safety fund established in section	1719
4501.06 of the Revised Code.	1720

(2) In addition, a charge of twenty-five cents shall be made	1721
for each reflectorized safety license plate issued, and a single	1722
charge of twenty-five cents shall be made for each county	1723
identification sticker or each set of county identification	1724
stickers issued, as the case may be, to cover the cost of	1725
producing the license plates and stickers, including material,	1726
manufacturing, and administrative costs. Those fees shall be in	1727
addition to the license tax. If the total cost of producing the	1728
plates is less than twenty-five cents per plate, or if the total	1729
cost of producing the stickers is less than twenty-five cents per	1730
sticker or per set issued, any excess moneys accruing from the	1731
fees shall be distributed in the same manner as provided by	1732
section 4501.04 of the Revised Code for the distribution of	1733
license tax moneys. If the total cost of producing the plates	1734
exceeds twenty-five cents per plate, or if the total cost of	1735
producing the stickers exceeds twenty-five cents per sticker or	1736
per set issued, the difference shall be paid from the license tax	1737
moneys collected pursuant to section 4503.02 of the Revised Code.	1738

(D) Each deputy registrar shall be allowed a fee of two	1739
dollars and seventy-five cents commencing on July 1, 2001, three	1740
dollars and twenty-five cents commencing on January 1, 2003, and	1741
three dollars and fifty cents commencing on January 1, 2004, for	1742
each application for registration and registration renewal notice	1743
the deputy registrar receives, which shall be for the purpose of	1744
compensating the deputy registrar for the deputy registrar's	1745
services, and such office and rental expenses, as may be necessary	1746
for the proper discharge of the deputy registrar's duties in the	1747
receiving of applications and renewal notices and the issuing of	1748
registrations.	1749

(E) Upon the certification of the registrar, the county	1750
sheriff or local police officials shall recover license plates	1751
erroneously or fraudulently issued.	1752

(F) Each deputy registrar, upon receipt of any application	1753
for registration or registration renewal notice, together with the	1754
license fee and any local motor vehicle license tax levied	1755
pursuant to Chapter 4504. of the Revised Code, shall transmit that	1756
fee and tax, if any, in the manner provided in this section,	1757
together with the original and duplicate copy of the application,	1758
to the registrar. The registrar, subject to the approval of the	1759
director of public safety, may deposit the funds collected by	1760
those deputies in a local bank or depository to the credit of the	1761
"state of Ohio, bureau of motor vehicles." Where a local bank or	1762
depository has been designated by the registrar, each deputy	1763
registrar shall deposit all moneys collected by the deputy	1764
registrar into that bank or depository not more than one business	1765
day after their collection and shall make reports to the registrar	1766
of the amounts so deposited, together with any other information,	1767
some of which may be prescribed by the treasurer of state, as the	1768
registrar may require and as prescribed by the registrar by rule.	1769
The registrar, within three days after receipt of notification of	1770
the deposit of funds by a deputy registrar in a local bank or	1771
depository, shall draw on that account in favor of the treasurer	1772
of state. The registrar, subject to the approval of the director	1773
and the treasurer of state, may make reasonable rules necessary	1774
for the prompt transmittal of fees and for safeguarding the	1775
interests of the state and of counties, townships, municipal	1776
corporations, and transportation improvement districts levying	1777
local motor vehicle license taxes. The registrar may pay service	1778
charges usually collected by banks and depositories for such	1779
service. If deputy registrars are located in communities where	1780
banking facilities are not available, they shall transmit the fees	1781
forthwith, by money order or otherwise, as the registrar, by rule	1782
approved by the director and the treasurer of state, may	1783
prescribe. The registrar may pay the usual and customary fees for	1784
such service.	1785

(G) This section does not prevent any person from making an	1786
application for a motor vehicle license directly to the registrar	1787
by mail, by electronic means, or in person at any of the	1788
registrar's offices, upon payment of a service fee of two dollars	1789
and seventy-five cents commencing on July 1, 2001, three dollars	1790
and twenty-five cents commencing on January 1, 2003, and three	1791
dollars and fifty cents commencing on January 1, 2004, for each	1792
application.	1793

(H) No person shall make a false statement as to the district	1794
of registration in an application required by division (A) of this	1795
section. Violation of this division is falsification under section	1796
2921.13 of the Revised Code and punishable as specified in that	1797
section.	1798

(I)(1) Where applicable, the requirements of division (B) of	1799
this section relating to the presentation of an inspection	1800
certificate issued under section 3704.14 of the Revised Code and	1801
rules adopted under it for a motor vehicle, the refusal of a	1802
license for failure to present an inspection certificate, and the	1803
stamping of the inspection certificate by the official issuing the	1804
certificate of registration apply to the registration of and	1805
issuance of license plates for a motor vehicle under sections	1806
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	1807
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	1808
4503.47, and 4503.51 of the Revised Code.	1809

(2)(a) The registrar shall adopt rules ensuring that each	1810
owner registering a motor vehicle in a county where a motor	1811
vehicle inspection and maintenance program is in effect under	1812
section 3704.14 of the Revised Code and rules adopted under it	1813
receives information about the requirements established in that	1814
section and those rules and about the need in those counties to	1815
present an inspection certificate with an application for	1816
registration or preregistration.	1817

(b) Upon request, the registrar shall provide the director of	1818
environmental protection, or any person that has been awarded a	1819
contract under division (D) of section 3704.14 of the Revised	1820
Code, an on-line computer data link to registration information	1821
for all passenger cars, noncommercial motor vehicles, and	1822
commercial cars that are subject to that section. The registrar	1823
also shall provide to the director of environmental protection a	1824
magnetic data tape containing registration information regarding	1825
passenger cars, noncommercial motor vehicles, and commercial cars	1826
for which a multi-year registration is in effect under section	1827
4503.103 of the Revised Code or rules adopted under it, including,	1828
without limitation, the date of issuance of the multi-year	1829
registration, the registration deadline established under rules	1830
adopted under section 4503.101 of the Revised Code that was	1831
applicable in the year in which the multi-year registration was	1832
issued, and the registration deadline for renewal of the	1833
multi-year registration.	1834

(J) Application for registration under the international	1835
registration plan, as set forth in sections 4503.60 to 4503.66 of	1836
the Revised Code, shall be made to the registrar on forms	1837
furnished by the registrar. In accordance with international	1838
registration plan guidelines and pursuant to rules adopted by the	1839
registrar, the forms shall include the following:	1840

(1) A uniform mileage schedule;

1841

(2) The gross vehicle weight of the vehicle or combined gross	1842
vehicle weight of the combination vehicle as declared by the	1843
registrant;	1844

(3) Any other information the registrar requires by rule.

1845

Sec. 4503.101.  (A) The registrar of motor vehicles shall	1846
adopt rules to establish a system of motor vehicle registration	1847
based upon the type of vehicle to be registered, the type of	1848
ownership of the vehicle, the class of license plate to be issued,	1849
and any other factor the registrar determines to be relevant.	1850
Except for commercial cars, buses, trailers, and semitrailers	1851
taxed under section 4503.042 of the Revised Code; except for	1852
rental vehicles owned by motor vehicle renting dealers; and except	1853
as otherwise provided by rule, motor vehicles owned by an	1854
individual shall be registered based upon the motor vehicle	1855
owner's date of birth. Beginning with the 19892004 registration	1856
year, the registrar shall assign motor vehicles to the	1857
registration periods established by rules adopted under this	1858
section.	1859

(B) The registrar shall adopt rules to permit motor vehicle	1860
owners residing together at one address to select the date of	1861
birth of any one of the owners as the date to register any or all	1862
of the vehicles at that residence address, as shown in the records	1863
of the bureau of motor vehicles.	1864

(C) The registrar shall adopt rules to assign and reassign	1865
all commercial cars, buses, trailers, and semitrailers taxed under	1866
section 4503.042 of the Revised Code and all rental vehicles owned	1867
by motor vehicle renting dealers to a system of registration so	1868
that the registrations of approximately one-twelfth of all such	1869
vehicles expire on the last day of each month of a calendar year.	1870
To effect a reassignment from the registration period in effect on	1871
the effective date of this amendment to the new registration	1872
periods established by the rules adopted under this section as	1873
amended, the rules may require the motor vehicle to be registered	1874
for more or less than a twelve-month period at the time the motor	1875
vehicle's registration is subject to its initial renewal following	1876
the effective date of such rules. If necessary to effect an	1877
efficient transition, the rules may provide that the registration	1878
reassignments take place over two consecutive registration	1879
periods. The registration taxes to be charged shall be determined	1880
by the registrar on the basis of the annual tax otherwise due on	1881
the motor vehicle, prorated in accordance with the number of	1882
months for which the motor vehicle is registered, except that the	1883
fee established by division (C)(1) of section 4503.10 of the	1884
Revised Code shall be collected in full for each renewal that	1885
occurs during the transition period and shall not be prorated.	1886

(D) The registrar shall adopt rules to permit any person	1887
commercial motor vehicle owner or motor vehicle renting dealer who	1888
owns twentytwo or more motor vehicles to select any single date	1889
as the daterequest the registrar to permit the owner to separate	1890
the owner's fleet into up to four divisions for assignment to	1891
separate dates upon which to register the vehicles, provided that	1892
the registrar may disapprove any selected datesuch request	1893
whenever hethe registrar has reason to believe that an uneven	1894
distribution of registrations throughout the calendar year has	1895
developed or is likely to develop. If the registrar disapproves a	1896
date, the motor vehicle owner shall select an alternate date for	1897
registration. Upon agreement of the motor vehicle owner, the	1898
registrar may require the motor vehicle owner to register the	1899
vehicles on a specific date designated by the registrar.	1900

(D)(E) Every owner or lessee of a motor vehicle and every	1901
chauffeur holding a certificate of registration shall notify the	1902
registrar in writing of any change of his residencethe owner's or	1903
lessee's correct address within ten days after the change occurs.	1904
The notification shall be in writing on a form provided by the	1905
registrar or by electronic means approved by the registrar and	1906
shall include the full name, date of birth if applicable, license	1907
number, county of residence or place of business, social security	1908
account number of an individual or federal tax identification	1909
number of a business, and new address of the person.	1910

(F) As used in this section, "motor vehicle renting dealer"	1911
has the same meaning as in section 4549.65 of the Revised Code.	1912

Sec. 4503.103.  (A)(1)(a) The registrar of motor vehicles may	1913
adopt rules to permit any person or lessee, other than a person	1914
receiving an apportioned license plate under the international	1915
registration plan, who owns or leases tenone or more motor	1916
vehicles used principally in connection with any established	1917
business to file a written application for registration for no	1918
more than five succeeding registration years. The rules adopted by	1919
the registrar may designate the classes of motor vehicles that are	1920
eligible for such registration. At the time of application, all	1921
annual taxes and fees shall be paid for each year for which the	1922
person is registering. No person applying for a multi-year	1923
registration is entitled to a refund of any taxes or fees paid.	1924

(b) The registrar mayshall adopt rules to permit any person,	1925
other than a person receiving an apportioned license plate under	1926
the international registration plan and other than the owner of a	1927
commercial car used solely in intrastate commerce, who owns a	1928
motor vehicle to file an application for registration for the next	1929
two succeeding registration years. At the time of application, the	1930
person shall pay the annual taxes and fees for each registration	1931
year, calculated in accordance with division (C) of section	1932
4503.11 of the Revised Code. A person who is registering a vehicle	1933
under division (A)(1)(b) of this section shall pay for each year	1934
of registration the additional fee established under division	1935
(C)(1) of section 4503.10 of the Revised Code. The person shall	1936
also pay one and one-half times the amount of the deputy registrar	1937
service fee specified in division (D) of section 4503.10 of the	1938
Revised Code or the bureau of motor vehicles service fee specified	1939
in division (G) of that section, as applicable.	1940

(2) No person applying for a multi-year registration under	1941
division (A)(1) of this section is entitled to a refund of any	1942
taxes or fees paid.	1943

(3) The registrar shall not issue to any applicant who has	1944
been issued a final, nonappealable order under division (B) of	1945
this section a multi-year registration or renewal thereof under	1946
this division or rules adopted under it for any motor vehicle that	1947
is required to be inspected under section 3704.14 of the Revised	1948
Code the district of registration of which, as determined under	1949
section 4503.10 of the Revised Code, is or is located in the	1950
county named in the order.	1951

(B) Upon receipt from the director of environmental	1952
protection of a notice issued under division (J) of section	1953
3704.14 of the Revised Code indicating that an owner of a motor	1954
vehicle that is required to be inspected under that section who	1955
obtained a multi-year registration for the vehicle under division	1956
(A) of this section or rules adopted under that division has not	1957
obtained an inspection certificate for the vehicle in accordance	1958
with that section in a year intervening between the years of	1959
issuance and expiration of the multi-year registration in which	1960
the owner is required to have the vehicle inspected and obtain an	1961
inspection certificate for it under division (F)(1)(a) of that	1962
section, the registrar in accordance with Chapter 119. of the	1963
Revised Code shall issue an order to the owner impounding the	1964
certificate of registration and identification license plates for	1965
the vehicle. The order also shall prohibit the owner from	1966
obtaining or renewing a multi-year registration for any vehicle	1967
that is required to be inspected under that section, the district	1968
of registration of which is or is located in the same county as	1969
the county named in the order during the number of years after	1970
expiration of the current multi-year registration that equals the	1971
number of years for which the current multi-year registration was	1972
issued.	1973

An order issued under this division shall require the owner	1974
to surrender to the registrar the certificate of registration and	1975
license plates for the vehicle named in the order within five days	1976
after its issuance. If the owner fails to do so within that time,	1977
the registrar shall certify that fact to the county sheriff or	1978
local police officials who shall recover the certificate of	1979
registration and license plates for the vehicle.	1980

(C) Upon the occurrence of either of the following	1981
circumstances, the registrar in accordance with Chapter 119. of	1982
the Revised Code shall issue to the owner a modified order	1983
rescinding the provisions of the order issued under division (B)	1984
of this section impounding the certificate of registration and	1985
license plates for the vehicle named in that original order:	1986

(1) Receipt from the director of environmental protection of	1987
a subsequent notice under division (J) of section 3704.14 of the	1988
Revised Code that the owner has obtained the inspection	1989
certificate for the vehicle as required under division (F)(1)(a)	1990
of that section;	1991

(2) Presentation to the registrar by the owner of the	1992
required inspection certificate for the vehicle.	1993

(D) The owner of a motor vehicle for which the certificate of	1994
registration and license plates have been impounded pursuant to an	1995
order issued under division (B) of this section, upon issuance of	1996
a modified order under division (C) of this section, may apply to	1997
the registrar for their return. A fee of two dollars and fifty	1998
cents shall be charged for the return of the certificate of	1999
registration and license plates for each vehicle named in the	2000
application.	2001

Sec. 4503.11.  (A) Except as provided by sections 4503.103,	2002
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	2003
person who is the owner or chauffeur of a motor vehicle operated	2004
or driven upon the public roads or highways shall fail to file	2005
annually the application for registration or to pay the tax	2006
therefor.	2007

(B) Except as provided by sections 4503.12 and 4503.16 of the	2008
Revised Code, the taxes payable on all applications made under	2009
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	2010
of the tax due under division (B)(1)(a) or (b) of this section	2011
plus the tax due under division (B)(2)(a) or (b) of this section:	2012

(1)(a) If the application is made before the second month of	2013
the current registration period to which the motor vehicle is	2014
assigned as provided in section 4503.101 of the Revised Code, the	2015
tax due is the full amount of the tax provided in section 4503.04	2016
of the Revised Code;	2017

(b) If the application is made during or after the second	2018
month of the current registration period to which the motor	2019
vehicle is assigned as provided in section 4503.101 of the Revised	2020
Code, and prior to the beginning of the next such registration	2021
period, the amount of the tax provided in section 4503.04 of the	2022
Revised Code shall be reduced by one-twelfth of the amount of such	2023
tax, rounded upward to the nearest cent, multiplied by the number	2024
of full months that have elapsed in the current registration	2025
period. The resulting amount shall be rounded upward to the next	2026
highest dollar and shall be the amount of tax due.	2027

(2)(a) If the application is made before the sixth month of	2028
the current registration period to which the motor vehicle is	2029
assigned as provided in section 4503.101 of the Revised Code, the	2030
amount of tax due is the full amount of local motor vehicle	2031
license taxes levied under Chapter 4504. of the Revised Code;	2032

(b) If the application is made during or after the sixth	2033
month of the current registration period to which the motor	2034
vehicle is assigned as provided in section 4503.101 of the Revised	2035
Code and prior to the beginning of the next such registration	2036
period, the amount of tax due is one-half of the amount of local	2037
motor vehicle license taxes levied under Chapter 4504. of the	2038
Revised Code.	2039

(C) The taxes payable on all applications made under division	2040
(A)(1)(b) of section 4503.103 of the Revised Code shall be the sum	2041
of the tax due under division (B)(1)(a) or (b) of this section	2042
plus the tax due under division (B)(2)(a) or (b) of this section	2043
for the first year plus the full amount of the tax provided in	2044
section 4503.04 of the Revised Code and the full amount of local	2045
motor vehicle license taxes levied under Chapter 4504. of the	2046
Revised Code for the second year.	2047

Sec. 4503.173.  (A) As used in this section:

2048

(1) "Boat trailer" means any trailer designed and used for	2049
the transportation of no more than one watercraft.	2050

(2) "Watercraft" means any of the following when used or	2051
capable of being used for transportation on the water:	2052

(a) A boat operated by machinery either permanently or	2053
temporarily affixed;	2054

(b) A sailboat other than a sailboard;

2055

(c) An inflatable, manually propelled boat having a hull	2056
identification number assigned by and meeting the requirements of	2057
the United States coast guard;	2058

(d) A canoe or rowboat.

2059

(3) "Disabled veteran" means a person who falls into any of	2060
the following categories:	2061

(a) Has been determined by the United States veterans	2062
administration to be permanently and totally disabled, receives a	2063
pension or compensation from the veterans administration, and	2064
received an honorable discharge from the armed forces of the	2065
United States;	2066

(b) Because of a service-connected disability, has been or is	2067
awarded funds for the purchase of a motor vehicle under the	2068
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	2069
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	2070

(c) Has a service-connected disability rated at one hundred	2071
per cent by the veterans' administration.	2072

(4) "Prisoner of war" means any regularly appointed,	2073
enrolled, enlisted, or inducted member of the military forces of	2074
the United States who was captured, separated, and incarcerated by	2075
an enemy of the United States at any time, and any regularly	2076
appointed, enrolled, or enlisted member of the military forces of	2077
Great Britain, France, the Union of Soviet Socialist Republics,	2078
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the	2079
Netherlands, New Zealand, Norway, Poland, South Africa, or	2080
Yugoslavia who was a citizen of the United States at the time of	2081
the appointment, enrollment, or enlistment, and was captured,	2082
separated, and incarcerated by an enemy of this country during	2083
World War II.	2084

(B) Any owner of a boat trailer who is a disabled veteran,	2085
congressional medal of honor awardee, or prisoner of war may apply	2086
to the registrar of motor vehicles for the registration of the	2087
boat trailer without the payment of any registration tax and	2088
service fee as required by sections 4503.02, 4503.10, 4503.102,	2089
and 4503.12 of the Revised Code and without the payment of any	2090
applicable county, township, or municipal motor vehicle license	2091
tax levied under Chapter 4504. of the Revised Code. The	2092
application shall be accompanied by such evidence of disability or	2093
by such documentary evidence in support of a congressional medal	2094
of honor as the registrar requires by rule. The application for a	2095
registration by any person who has been a prisoner of war shall be	2096
accompanied by written evidence in the form of a record of	2097
separation, a letter from one of the armed forces of the United	2098
States or other country as listed in division (A)(4) of this	2099
section, or other evidence as the registrar may require by rule,	2100
that the person was a prisoner of war and was honorably discharged	2101
or is presently residing in this state on active duty with one of	2102
the branches of the armed forces of the United States, or was a	2103
prisoner of war and was honorably discharged or received an	2104
equivalent discharge or release from one of the armed forces of a	2105
country listed in division (A)(4) of this section.	2106

(C) Annually by the fifteenth day of January, the registrar	2107
of motor vehicles shall determine the amount of taxes and fees	2108
exempted from payment under division (B) of this section and	2109
certify the amount to the director of budget and management for	2110
reimbursement. The director shall thereupon transfer the amount	2111
certified from the general revenue fund to the auto registration	2112
distribution fund and the state highway safety fund in the same	2113
proportions as would be the case if the boat trailer registrations	2114
were not exempted from the payment of taxes and fees under	2115
division (B) of this section. Amounts transferred to the auto	2116
registration distribution fund under this division shall be	2117
distributed in the manner provided by section 4501.03 of the	2118
Revised Code.	2119

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	2120
application and proof of purchase of the vehicle, may be issued a	2121
temporary license placard or windshield sticker for the motor	2122
vehicle.	2123

The purchaser of a vehicle applying for a temporary license	2124
placard or windshield sticker under this section shall execute an	2125
affidavit stating that the purchaser has not been issued	2126
previously during the current registration year a license plate	2127
that could legally be transferred to the vehicle.	2128

Placards or windshield stickers shall be issued only for the	2129
applicant's use of the vehicle to enable the applicant to legally	2130
operate the motor vehicle while proper title, license plates, and	2131
a certificate of registration are being obtained, and shall be	2132
displayed on no other motor vehicle.	2133

Placards or windshield stickers issued under this section are	2134
valid for a period of thirty days from date of issuance and are	2135
not transferable or renewable.	2136

The fee for the placards or windshield stickers is two	2137
dollars plus a deputy registrar service fee of two dollars and	2138
seventy-five cents commencing on July 1, 2001, three dollars and	2139
twenty-five cents commencing on January 1, 2003, and three dollars	2140
and fifty cents commencing on January 1, 2004, for each placard	2141
issued by a deputy registrar.	2142

(B) The registrar of motor vehicles may issue to a motorized	2143
bicycle dealer or a licensed motor vehicle dealer temporary	2144
license placards to be issued to purchasers for use on vehicles	2145
sold by the dealer, in accordance with rules prescribed by the	2146
registrar. The dealer shall notify the registrar, within	2147
forty-eight hours, of the issuance of a placard by electronic	2148
means via computer equipment purchased and maintained by the	2149
dealer or in any other manner prescribed by the registrar.	2150

The fee for each placard issued by the registrar to a	2151
licensed motor vehicle dealer is two dollars plus a fee of two	2152
dollars and seventy-five cents commencing on July 1, 2001, three	2153
dollars and twenty-five cents commencing on January 1, 2003, and	2154
three dollars and fifty cents commencing on January 1, 2004.	2155

(C) The registrar of motor vehicles, at the registrar's	2156
discretion, may issue a temporary license placard. Such a placard	2157
may be issued in the case of extreme hardship encountered by a	2158
citizen from this state or another state who has attempted to	2159
comply with all registration laws, but for extreme circumstances	2160
is unable to properly register the citizen's vehicle.	2161

(D) In addition to the fees charged under divisions (A) and	2162
(B) of this section, commencing on October 1, 2003, the registrar	2163
and each deputy registrar shall collect a fee of five dollars for	2164
each temporary license placard issued. The additional fee is for	2165
the purpose of defraying the department of public safety's costs	2166
associated with the administration and enforcement of the motor	2167
vehicle and traffic laws of Ohio. Each deputy registrar shall	2168
transmit the fees collected under this division in the same manner	2169
as provided for transmission of fees collected under division (A)	2170
of this section. The registrar shall deposit all moneys received	2171
under this division into the state highway safety fund established	2172
in section 4501.06 of the Revised Code.	2173

(E) The registrar shall adopt rules, in accordance with	2174
division (B) of section 111.15 of the Revised Code, to specify the	2175
procedures for reporting the information from applications for	2176
temporary license placards and windshield stickers and for	2177
providing the information from these applications to law	2178
enforcement agencies.	2179

(E)(F) Temporary license placards issued under this section	2180
shall bear a distinctive combination of seven letters, numerals,	2181
or letters and numerals, and shall incorporate a security feature	2182
that, to the greatest degree possible, prevents tampering with any	2183
of the information that is entered upon a placard when it is	2184
issued.	2185

(F)(G) As used in this section, "motorized bicycle dealer"	2186
means any person engaged in the business of selling at retail,	2187
displaying, offering for sale, or dealing in motorized bicycles	2188
who is not subject to section 4503.09 of the Revised Code.	2189

Sec. 4503.50.  (A) The owner or lessee of any passenger car,	2190
noncommercial motor vehicle, motor home, or other vehicle of a	2191
class approved by the registrar of motor vehicles may apply to the	2192
registrar for the registration of the vehicle and issuance of	2193
future farmers of America license plates. The application for	2194
future farmers of America license plates may be combined with a	2195
request for a special reserved license plate under section 4503.40	2196
or 4503.42 of the Revised Code. Upon receipt of the completed	2197
application and compliance with division (B) of this section, the	2198
registrar shall issue to the applicant the appropriate vehicle	2199
registration and a set of future farmers of America license plates	2200
with a validation sticker or a validation sticker alone when	2201
required by section 4503.191 of the Revised Code.	2202

In addition to the letters and numbers ordinarily inscribed	2203
on the license plates, future farmers of America license plates	2204
shall be inscribed with identifying words or markings representing	2205
the future farmers of America and approved by the registrar.	2206
Future farmers of America license plates shall bear county	2207
identification stickers that identify the county of registration	2208
by name or number.	2209

(B) The future farmers of America license plates and	2210
validation sticker shall be issued upon receipt of a contribution	2211
as provided in division (C) of this section and upon payment of	2212
the regular license tax as prescribed under section 4503.04 of the	2213
Revised Code, a fee of ten dollars for the purpose of compensating	2214
the bureau of motor vehicles for additional services required in	2215
the issuing of the future farmers of America license plates, any	2216
applicable motor vehicle tax levied under Chapter 4504. of the	2217
Revised Code, and compliance with all other applicable laws	2218
relating to the registration of motor vehicles. If the application	2219
for future farmers of America license plates is combined with a	2220
request for a special reserved license plate under section 4503.40	2221
or 4503.42 of the Revised Code, the license plate and validation	2222
sticker shall be issued upon payment of the contribution, fees,	2223
and taxes referred to or established in this division and the	2224
additional fee prescribed under section 4503.40 or 4503.42 of the	2225
Revised Code.	2226

(C) For each application for registration and registration	2227
renewal the registrar receives under this section, the registrar	2228
shall collect a contribution of fifteen dollars. The registrar	2229
shall transmit this contribution to the treasurer of state for	2230
deposit in the future farmers of America license plate	2231
contribution fund created in section 4501.404501.21 of the	2232
Revised Code.	2233

The registrar shall deposit the additional fee of ten dollars	2234
specified in division (B) of this section that the applicant for	2235
registration pays for the purpose of compensating the bureau for	2236
the additional services required in the issuing of the applicant's	2237
future farmers of America license plates in the state bureau of	2238
motor vehicles fund created in section 4501.25 of the Revised	2239
Code.	2240

Sec. 4503.51.  (A) The owner or lessee of any passenger car,	2241
noncommercial motor vehicle, recreational vehicle, or vehicle of a	2242
class approved by the registrar of motor vehicles may voluntarily	2243
choose to submit an application to the registrar for registration	2244
of such motor vehicle and for issuance of collegiate license	2245
plates. The request for a collegiate license plate may be combined	2246
with a request for a special reserved license plate under section	2247
4503.40 or 4503.42 of the Revised Code.	2248

Upon receipt of the completed application for registration of	2249
a vehicle in accordance with any rules adopted under this section	2250
and upon compliance with division (B) of this section, the	2251
registrar shall issue to the applicant appropriate vehicle	2252
registration and a set of collegiate license plates with a	2253
validation sticker, or a validation sticker alone when required by	2254
section 4503.191 of the Revised Code.	2255

In addition to the letters and numbers ordinarily inscribed	2256
thereon, collegiate license plates shall be inscribed with the	2257
name of a university or college that is participating with the	2258
registrar in the issuance of collegiate license plates, or any	2259
other identifying marking or design selected by such a university	2260
or college and approved by the registrar. Collegiate license	2261
plates shall bear county identification stickers that identify the	2262
county of registration by name or number.	2263

(B) The collegiate license plates and validation sticker	2264
shall be issued upon receipt of a contribution as provided in	2265
division (C) of this section and payment of the regular license	2266
fees as prescribed under section 4503.04 of the Revised Code, any	2267
applicable motor vehicle tax levied under Chapter 4504. of the	2268
Revised Code, a fee not to exceed ten dollars for the purpose of	2269
compensating the bureau of motor vehicles for additional services	2270
required in the issuing of collegiate license plates, and	2271
compliance with all other applicable laws relating to the	2272
registration of motor vehicles, including presentation of any	2273
inspection certificate required to be obtained for the motor	2274
vehicle under section 3704.14 of the Revised Code. If the	2275
application for a collegiate license plate is combined with a	2276
request for a special reserved license plate under section 4503.40	2277
or 4503.42 of the Revised Code, the license plate and validation	2278
sticker shall be issued upon payment of the contribution, fees,	2279
and taxes referred to in this division, the additional fee	2280
prescribed under section 4503.40 or 4503.42 of the Revised Code,	2281
and compliance with all other laws relating to the registration of	2282
motor vehicles, including presentation of any inspection	2283
certificate required to be obtained for the motor vehicle under	2284
section 3704.14 of the Revised Code.	2285

(C) The registrar shall collect a contribution of twenty-five	2286
dollars for each application for registration and registration	2287
renewal notice under this section.	2288

The registrar shall transmit this contribution to the	2289
treasurer of state for deposit into the collegiate license plate	2290
contribution fund created by section 4501.204501.21 of the	2291
Revised Code. The additional fee not to exceed ten dollars that	2292
the applicant for registration voluntarily pays for the purpose of	2293
compensating the bureau for the additional services required in	2294
the issuing of the applicant's collegiate license plates shall be	2295
transmitted into the state treasury to the credit of the state	2296
bureau of motor vehicles fund created in section 4501.25 of the	2297
Revised Code.	2298

(D) The registrar, in accordance with Chapter 119. of the	2299
Revised Code, shall adopt rules necessary for the efficient	2300
administration of the collegiate license plate program.	2301

(E) As used in this section, "university or college" means a	2302
state university or college or a private university or college	2303
located in this state that possesses a certificate of	2304
authorization issued by the Ohio board of regents pursuant to	2305
Chapter 1713. of the Revised Code. "University or college" also	2306
includes community colleges created pursuant to Chapter 3354. of	2307
the Revised Code, university branches created pursuant to Chapter	2308
3355. of the Revised Code, technical colleges created pursuant to	2309
Chapter 3357. of the Revised Code, and state community colleges	2310
created pursuant to Chapter 3358. of the Revised Code.	2311

Sec. 4503.55.  (A) The owner or lessee of any passenger car,	2312
noncommercial motor vehicle, recreational vehicle, or other	2313
vehicle of a class approved by the registrar of motor vehicles may	2314
apply to the registrar for the registration of the vehicle and	2315
issuance of pro football hall of fame license plates. The	2316
application for pro football hall of fame license plates may be	2317
combined with a request for a special reserved license plate under	2318
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2319
the completed application and compliance with division (B) of this	2320
section, the registrar shall issue to the applicant the	2321
appropriate vehicle registration and a set of pro football hall of	2322
fame license plates with a validation sticker or a validation	2323
sticker alone when required by section 4503.191 of the Revised	2324
Code.	2325

In addition to the letters and numbers ordinarily inscribed	2326
thereon, pro football hall of fame license plates shall be	2327
inscribed with identifying words or markings designed by the pro	2328
football hall of fame and approved by the registrar. Pro football	2329
hall of fame plates shall bear county identification stickers that	2330
identify the county of registration by name or number.	2331

(B) The pro football hall of fame license plates and	2332
validation sticker shall be issued upon receipt of a contribution	2333
as provided in division (C) of this section and upon payment of	2334
the regular license fees as prescribed under section 4503.04 of	2335
the Revised Code, a fee not to exceed ten dollars for the purpose	2336
of compensating the bureau of motor vehicles for additional	2337
services required in the issuing of the pro football hall of fame	2338
license plates, any applicable motor vehicle tax levied under	2339
Chapter 4504. of the Revised Code, and compliance with all other	2340
applicable laws relating to the registration of motor vehicles. If	2341
the application for pro football hall of fame license plates is	2342
combined with a request for a special reserved license plate under	2343
section 4503.40 or 4503.42 of the Revised Code, the license plate	2344
and validation sticker shall be issued upon payment of the	2345
contribution, fees, and taxes contained in this division and the	2346
additional fee prescribed under section 4503.40 or 4503.42 of the	2347
Revised Code.	2348

(C) For each application for registration and registration	2349
renewal under this section, the registrar shall collect a	2350
contribution of fifteen dollars. The registrar shall transmit this	2351
contribution to the treasurer of state for deposit in the pro	2352
football hall of fame license plate contribution fund created in	2353
section 4501.224501.21 of the Revised Code.	2354

The registrar shall deposit the additional fee not to exceed	2355
ten dollars specified in division (B) of this section that the	2356
applicant for registration voluntarily pays for the purpose of	2357
compensating the bureau for the additional services required in	2358
the issuing of the applicant's pro football hall of fame license	2359
plates in the state bureau of motor vehicles fund created in	2360
section 4501.25 of the Revised Code.	2361

Sec. 4503.561.  (A) The owner or lessee of any passenger car,	2362
noncommercial motor vehicle, recreational vehicle, or other	2363
vehicle of a class approved by the registrar of motor vehicles may	2364
apply to the registrar for the registration of the vehicle and	2365
issuance of ducks unlimited license plates. The application for	2366
ducks unlimited license plates may be combined with a request for	2367
a special reserved license plate under section 4503.40 or 4503.42	2368
of the Revised Code. Upon receipt of the completed application and	2369
compliance with division (B) of this section, the registrar shall	2370
issue to the applicant the appropriate vehicle registration and a	2371
set of ducks unlimited license plates with a validation sticker or	2372
a validation sticker alone when required by section 4503.191 of	2373
the Revised Code.	2374

In addition to the letters and numbers ordinarily inscribed	2375
on the license plates, ducks unlimited license plates shall be	2376
inscribed with identifying words or markings representing ducks	2377
unlimited, inc., and approved by the registrar. Ducks unlimited	2378
license plates shall bear county identification stickers that	2379
identify the county of registration by name or number.	2380

(B) The ducks unlimited license plates and validation sticker	2381
shall be issued upon receipt of a contribution as provided in	2382
division (C) of this section and upon payment of the regular	2383
license tax as prescribed under section 4503.04 of the Revised	2384
Code, a fee of ten dollars for the purpose of compensating the	2385
bureau of motor vehicles for additional services required in the	2386
issuing of the ducks unlimited license plates, any applicable	2387
motor vehicle tax levied under Chapter 4504. of the Revised Code,	2388
and compliance with all other applicable laws relating to the	2389
registration of motor vehicles. If the application for ducks	2390
unlimited license plates is combined with a request for a special	2391
reserved license plate under section 4503.40 or 4503.42 of the	2392
Revised Code, the license plate and validation sticker shall be	2393
issued upon payment of the contribution, fees, and taxes referred	2394
to or established in this division and the additional fee	2395
prescribed under section 4503.40 or 4503.42 of the Revised Code.	2396

(C) For each application for registration and registration	2397
renewal the registrar receives under this section, the registrar	2398
shall collect a contribution of fifteen dollars. The registrar	2399
shall transmit this contribution to the treasurer of state for	2400
deposit in the ducks unlimited license plate contribution fund	2401
created in section 4501.334501.21 of the Revised Code.	2402

The registrar shall deposit the additional fee of ten dollars	2403
specified in division (B) of this section that the applicant for	2404
registration pays for the purpose of compensating the bureau for	2405
the additional services required in the issuing of the applicant's	2406
ducks unlimited license plates in the state bureau of motor	2407
vehicles fund created in section 4501.25 of the Revised Code.	2408

Sec. 4503.591.  (A) If a professional sports team located in	2409
this state desires to have its logo appear on license plates	2410
issued by this state, it shall enter into a contract with the	2411
sports commission to permit such display, as permitted in	2412
divisions (D), (E), and (F) of this section 4501.32 of the Revised	2413
Code. The owner or lessee of any passenger car, noncommercial	2414
motor vehicle, recreational vehicle, or other vehicle of a class	2415
approved by the registrar of motor vehicles may apply to the	2416
registrar for the registration of the vehicle and issuance of	2417
license plates bearing the logo of a professional sports team that	2418
has entered into such a contract. The application shall designate	2419
the sports team whose logo the owner or lessee desires to appear	2420
on the license plates. Failure to designate a participating	2421
professional sports team shall result in rejection by the	2422
registrar of the registration application. An application made	2423
under this section may be combined with a request for a special	2424
reserved license plate under section 4503.40 or 4503.42 of the	2425
Revised Code. Upon receipt of the completed application and	2426
compliance by the applicant with divisions (B) and (C) of this	2427
section, the registrar shall issue to the applicant the	2428
appropriate vehicle registration and a set of license plates	2429
bearing the logo of the professional sports team the owner	2430
designated in the application and a validation sticker, or a	2431
validation sticker alone when required by section 4503.191 of the	2432
Revised Code.	2433

In addition to the letters and numbers ordinarily inscribed	2434
thereon, professional sports team license plates shall bear the	2435
logo of a participating professional sports team, and shall	2436
display county identification stickers that identify the county of	2437
registration by name or number.	2438

(B) The professional sports team license plates and	2439
validation sticker, or validation sticker alone, as the case may	2440
be, shall be issued upon payment of the regular license tax as	2441
prescribed under section 4503.04 of the Revised Code, any	2442
applicable motor vehicle license tax levied under Chapter 4504. of	2443
the Revised Code, a fee of ten dollars for the purpose of	2444
compensating the bureau of motor vehicles for additional services	2445
required in the issuing of professional sports team license	2446
plates, and compliance with all other applicable laws relating to	2447
the registration of motor vehicles. If the application for a	2448
professional sports team license plate is combined with a request	2449
for a special reserved license plate under section 4503.40 or	2450
4503.42 of the Revised Code, the license plates and validation	2451
sticker, or validation sticker alone, shall be issued upon payment	2452
of the regular license tax as prescribed under section 4503.04 of	2453
the Revised Code, any applicable motor vehicle tax levied under	2454
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2455
purpose of compensating the bureau of motor vehicles for	2456
additional services required in the issuing of professional sports	2457
team license plates, the additional fee prescribed under section	2458
4503.40 or 4503.42 of the Revised Code, and compliance with all	2459
other applicable laws relating to the registration of motor	2460
vehicles.	2461

(C) For each application for registration and registration	2462
renewal notice the registrar receives under this section, the	2463
registrar shall collect a contribution of twenty-five dollars. The	2464
registrar shall transmit this contribution to the treasurer of	2465
state for deposit into the state treasury for distribution as	2466
described inlicense plate contribution fund created by section	2467
4501.324501.21 of the Revised Code.	2468

The registrar shall transmit the additional fee of ten	2469
dollars paid to compensate the bureau for the additional services	2470
required in the issuing of professional sports team license plates	2471
to the treasurer of state for deposit into the state treasury to	2472
the credit of the state bureau of motor vehicles fund created by	2473
section 4501.25 of the Revised Code.	2474

(D) If a professional sports team located in this state	2475
desires to have its logo appear on license plates issued by this	2476
state, it shall inform the largest convention and visitors' bureau	2477
of the county in which the professional sports team is located of	2478
that desire. That convention and visitors' bureau shall create a	2479
sports commission to operate in that county to receive the	2480
contributions that are paid by applicants who choose to be issued	2481
license plates bearing the logo of that professional sports team	2482
for display on their motor vehicles. The sports commission shall	2483
negotiate with the professional sports team to permit the display	2484
of the team's logo on license plates issued by this state, enter	2485
into the contract with the team to permit such display, and pay to	2486
the team any licensing or rights fee that must be paid in	2487
connection with the issuance of the license plates. Upon execution	2488
of the contract, the sports commission shall provide a copy of it	2489
to the registrar of motor vehicles, along with any other	2490
documentation the registrar may require. Upon receipt of the	2491
contract and any required additional documentation, and when the	2492
numerical requirement contained in division (A) of section 4503.78	2493
of the Revised Code has been met relative to that particular	2494
professional sports team, the registrar shall take the measures	2495
necessary to issue license plates bearing the logo of that team.	2496

(E) A sports commission shall expend the money it receives	2497
pursuant to section 4501.21 of the Revised Code to attract amateur	2498
regional, national, and international sporting events to the	2499
municipal corporation, county, or township in which it is located,	2500
and it may sponsor such events. Prior to attracting or sponsoring	2501
such events, the sports commission shall perform an economic	2502
analysis to determine whether the proposed event will have a	2503
positive economic effect on the greater area in which the event	2504
will be held. A sports commission shall not expend any money it	2505
receives under that section to attract or sponsor an amateur	2506
regional, national, or international sporting event if its	2507
economic analysis does not result in a finding that the proposed	2508
event will have a positive economic effect on the greater area in	2509
which the event will be held.	2510

A sports commission that receives money pursuant to that	2511
section, in addition to any other duties imposed on it by law and	2512
notwithstanding the scope of those duties, also shall encourage	2513
the economic development of this state through the promotion of	2514
tourism within all areas of this state. A sports commission that	2515
receives ten thousand dollars or more during any calendar year	2516
shall submit a written report to the director of development, on	2517
or before the first day of October of the next succeeding year,	2518
detailing its efforts and expenditures in the promotion of tourism	2519
during the calendar year in which it received the ten thousand	2520
dollars or more.	2521

As used in this division, "promotion of tourism" means the	2522
encouragement through advertising, educational and informational	2523
means, and public relations, both within the state and outside of	2524
it, of travel by persons away from their homes for pleasure,	2525
personal reasons, or other purposes, except to work, to this state	2526
or to the region in which the sports commission is located.	2527

(F) For purposes of this section:

2528

(1) The "largest" convention and visitors' bureau of a county	2529
is the bureau that receives the largest amount of money generated	2530
in that county from excise taxes levied on lodging transactions	2531
under sections 351.021, 5739.08, and 5739.09 of the Revised Code.	2532

(2) "Sports commission" means a nonprofit corporation	2533
organized under the laws of this state that is entitled to tax	2534
exempt status under section 501(c)(3) of the "Internal Revenue	2535
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, and	2536
whose function is to attract, promote, or sponsor sports and	2537
athletic events within a municipal corporation, county, or	2538
township.	2539

Such a commission shall consist of twenty-one members. Seven	2540
members shall be appointed by the mayor of the largest city to be	2541
served by the commission. Seven members shall be appointed by the	2542
board of county commissioners of the county to be served by the	2543
commission. Seven members shall be appointed by the largest	2544
convention and visitors' bureau in the area to be served by the	2545
commission. A sports commission may provide all services related	2546
to attracting, promoting, or sponsoring such events, including,	2547
but not limited to, the booking of athletes and teams, scheduling,	2548
and hiring or contracting for staff, ushers, managers, and other	2549
persons whose functions are directly related to the sports and	2550
athletic events the commission attracts, promotes, or sponsors.	2551

Sec. 4503.67.  (A) If the national organization of the boy	2552
scouts of America desires to have its logo appear on license	2553
plates issued by this state, a representative of the Dan Beard	2554
council shall enter into a contract with the registrar of motor	2555
vehicles as provided in division (D) of this section 4501.41 of	2556
the Revised Code. The owner or lessee of any passenger car,	2557
noncommercial motor vehicle, recreational vehicle, or other	2558
vehicle of a class approved by the registrar may apply to the	2559
registrar for the registration of the vehicle and issuance of	2560
license plates bearing the logo of the boy scouts of America if	2561
the council representative has entered into such a contract. An	2562
application made under this section may be combined with a request	2563
for a special reserved license plate under section 4503.40 or	2564
4503.42 of the Revised Code. Upon receipt of the completed	2565
application and compliance by the applicant with divisions (B) and	2566
(C) of this section, the registrar shall issue to the applicant	2567
the appropriate vehicle registration and a set of license plates	2568
bearing the logo of the boy scouts of America and a validation	2569
sticker, or a validation sticker alone when required by section	2570
4503.191 of the Revised Code.	2571

In addition to the letters and numbers ordinarily inscribed	2572
thereon, the plates shall display county identification stickers	2573
that identify the county of registration by name or number.	2574

(B) The boy scouts logo license plates and validation	2575
sticker, or validation sticker alone, as the case may be, shall be	2576
issued upon payment of the regular license tax as prescribed under	2577
section 4503.04 of the Revised Code, any applicable motor vehicle	2578
license tax levied under Chapter 4504. of the Revised Code, a fee	2579
of ten dollars for the purpose of compensating the bureau of motor	2580
vehicles for additional services required in the issuing of boy	2581
scouts license plates, and compliance with all other applicable	2582
laws relating to the registration of motor vehicles. If the	2583
application for a boy scouts license plate is combined with a	2584
request for a special reserved license plate under section 4503.40	2585
or 4503.42 of the Revised Code, the license plates and validation	2586
sticker, or validation sticker alone, shall be issued upon payment	2587
of the regular license tax as prescribed under section 4503.04 of	2588
the Revised Code, any applicable motor vehicle tax levied under	2589
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2590
purpose of compensating the bureau of motor vehicles for	2591
additional services required in the issuing of the plates, the	2592
additional fee prescribed under section 4503.40 or 4503.42 of the	2593
Revised Code, and compliance with all other applicable laws	2594
relating to the registration of motor vehicles.	2595

(C) For each application for registration and registration	2596
renewal notice the registrar receives under this section, the	2597
registrar shall collect a contribution of fifteen dollars. The	2598
registrar shall transmit this contribution to the treasurer of	2599
state for deposit into the state treasury for distribution as	2600
described inlicense plate contribution fund created by section	2601
4501.414501.21 of the Revised Code.	2602

The registrar shall transmit the additional fee of ten	2603
dollars paid to compensate the bureau for the additional services	2604
required in the issuing of boy scouts license plates to the	2605
treasurer of state for deposit into the state treasury to the	2606
credit of the state bureau of motor vehicles fund created by	2607
section 4501.25 of the Revised Code.	2608

(D) If the national organization of the boy scouts of America	2609
desires to have its logo appear on license plates issued by this	2610
state, a representative of the Dan Beard council shall contract	2611
with the registrar to permit the display of the logo on license	2612
plates issued by this state. Upon execution of the contract, the	2613
council shall provide a copy of it to the registrar, along with	2614
any other documentation the registrar may require. Upon receiving	2615
the contract and any required additional documentation, and when	2616
the numerical requirement contained in division (A) of section	2617
4503.78 of the Revised Code has been met relative to the boy	2618
scouts of America, the registrar shall take the measures necessary	2619
to issue license plates bearing the logo of the boy scouts of	2620
America.	2621

Sec. 4503.68.  (A) If the national organization of the girl	2622
scouts of the United States of America desires to have its logo	2623
appear on license plates issued by this state, a representative of	2624
the Great River council shall enter into a contract with the	2625
registrar of motor vehicles as provided in division (D) of this	2626
section 4501.61 of the Revised Code. The owner or lessee of any	2627
passenger car, noncommercial motor vehicle, recreational vehicle,	2628
or other vehicle of a class approved by the registrar may apply to	2629
the registrar for the registration of the vehicle and issuance of	2630
license plates bearing the logo of the girl scouts of United	2631
States of America if the council representative has entered into	2632
such a contract. An application made under this section may be	2633
combined with a request for a special reserved license plate under	2634
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2635
the completed application and compliance by the applicant with	2636
divisions (B) and (C) of this section, the registrar shall issue	2637
to the applicant the appropriate vehicle registration and a set of	2638
license plates bearing the logo of the girl scouts of the United	2639
States of America and a validation sticker, or a validation	2640
sticker alone when required by section 4503.191 of the Revised	2641
Code.	2642

In addition to the letters and numbers ordinarily inscribed	2643
thereon, the plates shall display county identification stickers	2644
that identify the county of registration by name or number.	2645

(B) The girl scouts logo license plates and validation	2646
sticker, or validation sticker alone, as the case may be, shall be	2647
issued upon payment of the regular license tax as prescribed under	2648
section 4503.04 of the Revised Code, any applicable motor vehicle	2649
license tax levied under Chapter 4504. of the Revised Code, a fee	2650
of ten dollars for the purpose of compensating the bureau of motor	2651
vehicles for additional services required in the issuing of girl	2652
scouts license plates, and compliance with all other applicable	2653
laws relating to the registration of motor vehicles. If the	2654
application for a girl scouts license plate is combined with a	2655
request for a special reserved license plate under section 4503.40	2656
or 4503.42 of the Revised Code, the license plates and validation	2657
sticker, or validation sticker alone, shall be issued upon payment	2658
of the regular license tax as prescribed under section 4503.04 of	2659
the Revised Code, any applicable motor vehicle tax levied under	2660
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2661
purpose of compensating the bureau of motor vehicles for	2662
additional services required in the issuing of the plates, the	2663
additional fee prescribed under section 4503.40 or 4503.42 of the	2664
Revised Code, and compliance with all other applicable laws	2665
relating to the registration of motor vehicles.	2666

(C) For each application for registration and registration	2667
renewal notice the registrar receives under this section, the	2668
registrar shall collect a contribution of fifteen dollars. The	2669
registrar shall transmit this contribution to the treasurer of	2670
state for deposit into the state treasury for distribution as	2671
described inlicense plate contribution fund created by section	2672
4501.614501.21 of the Revised Code.	2673

The registrar shall transmit the additional fee of ten	2674
dollars paid to compensate the bureau for the additional services	2675
required in the issuing of girl scouts license plates to the	2676
treasurer of state for deposit into the state treasury to the	2677
credit of the state bureau of motor vehicles fund created by	2678
section 4501.25 of the Revised Code.	2679

(D) If the national organization of the girl scouts of the	2680
United States of America desires to have its logo appear on	2681
license plates issued by this state, a representative from the	2682
Great River council shall contract with the registrar to permit	2683
the display of the logo on license plates issued by this state.	2684
Upon execution of the contract, the council shall provide a copy	2685
of it to the registrar, along with any other documentation the	2686
registrar may require. Upon receiving the contract and any	2687
required additional documentation, and when the numerical	2688
requirement contained in division (A) of section 4503.78 of the	2689
Revised Code has been met relative to the girl scouts of the	2690
United States of America, the registrar shall take the measures	2691
necessary to issue license plates bearing the logo of the girl	2692
scouts of the United States of America.	2693

Sec. 4503.69.  (A) If the national organization of the eagle	2694
scouts desires to have its logo appear on license plates issued by	2695
this state, a representative of the Dan Beard council shall enter	2696
into a contract with the registrar of motor vehicles as provided	2697
in division (D) of this section 4501.71 of the Revised Code. The	2698
owner or lessee of any passenger car, noncommercial motor vehicle,	2699
recreational vehicle, or other vehicle of a class approved by the	2700
registrar may apply to the registrar for the registration of the	2701
vehicle and issuance of license plates bearing the logo of the	2702
eagle scouts if the council representative has entered into such a	2703
contract on behalf of the eagle scouts. An application made under	2704
this section may be combined with a request for a special reserved	2705
license plate under section 4503.40 or 4503.42 of the Revised	2706
Code. Upon receipt of the completed application and compliance by	2707
the applicant with divisions (B) and (C) of this section, the	2708
registrar shall issue to the applicant the appropriate vehicle	2709
registration and a set of license plates bearing the logo of the	2710
eagle scouts and a validation sticker, or a validation sticker	2711
alone when required by section 4503.191 of the Revised Code.	2712

In addition to the letters and numbers ordinarily inscribed	2713
thereon, the plates shall display county identification stickers	2714
that identify the county of registration by name or number.	2715

(B) The eagle scouts logo license plates and validation	2716
sticker, or validation sticker alone, as the case may be, shall be	2717
issued upon payment of the regular license tax as prescribed under	2718
section 4503.04 of the Revised Code, any applicable motor vehicle	2719
license tax levied under Chapter 4504. of the Revised Code, a fee	2720
of ten dollars for the purpose of compensating the bureau of motor	2721
vehicles for additional services required in the issuing of eagle	2722
scouts license plates, and compliance with all other applicable	2723
laws relating to the registration of motor vehicles. If the	2724
application for an eagle scouts license plate is combined with a	2725
request for a special reserved license plate under section 4503.40	2726
or 4503.42 of the Revised Code, the license plates and validation	2727
sticker, or validation sticker alone, shall be issued upon payment	2728
of the regular license tax as prescribed under section 4503.04 of	2729
the Revised Code, any applicable motor vehicle tax levied under	2730
Chapter 4504. of the Revised Code, a fee of ten dollars for the	2731
purpose of compensating the bureau of motor vehicles for	2732
additional services required in the issuing of the plates, the	2733
additional fee prescribed under section 4503.40 or 4503.42 of the	2734
Revised Code, and compliance with all other applicable laws	2735
relating to the registration of motor vehicles.	2736

(C) For each application for registration and registration	2737
renewal notice the registrar receives under this section, the	2738
registrar shall collect a contribution of fifteen dollars. The	2739
registrar shall transmit this contribution to the treasurer of	2740
state for deposit into the state treasury for distribution as	2741
described inlicense plate contribution fund created by section	2742
4501.714501.21 of the Revised Code.	2743

The registrar shall transmit the additional fee of ten	2744
dollars paid to compensate the bureau for the additional services	2745
required in the issuing of eagle scouts license plates to the	2746
treasurer of state for deposit into the state treasury to the	2747
credit of the state bureau of motor vehicles fund created by	2748
section 4501.25 of the Revised Code.	2749

(D) If the national organization of the eagle scouts desires	2750
to have its logo appear on license plates issued by this state, a	2751
representative from the Dan Beard council shall contract with the	2752
registrar to permit the display of the logo on license plates	2753
issued by this state. Upon execution of the contract, the council	2754
shall provide a copy of it to the registrar, along with any other	2755
documentation the registrar may require. Upon receiving the	2756
contract and any required additional documentation, and when the	2757
numerical requirement contained in division (A) of section 4503.78	2758
of the Revised Code has been met relative to the eagle scouts, the	2759
registrar shall take the measures necessary to issue license	2760
plates bearing the logo of the eagle scouts.	2761

Sec. 4503.71.  (A) The owner or lessee of any passenger car,	2762
noncommercial motor vehicle, recreational vehicle, or other	2763
vehicle of a class approved by the registrar of motor vehicles who	2764
also is a member in good standing of the fraternal order of police	2765
may apply to the registrar for the registration of the vehicle and	2766
issuance of fraternal order of police license plates. The	2767
application for fraternal order of police license plates may be	2768
combined with a request for a special reserved license plate under	2769
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	2770
the completed application, presentation by the applicant of the	2771
required evidence that the applicant is a member in good standing	2772
of the fraternal order of police, and compliance by the applicant	2773
with this section, the registrar shall issue to the applicant the	2774
appropriate vehicle registration and a set of fraternal order of	2775
police license plates with a validation sticker or a validation	2776
sticker alone when required by section 4503.191 of the Revised	2777
Code.	2778

In addition to the letters and numbers ordinarily inscribed	2779
thereon, fraternal order of police license plates shall be	2780
inscribed with identifying words and a symbol or logo designed by	2781
the fraternal order of police of Ohio, incorporated, and approved	2782
by the registrar. Fraternal order of police license plates shall	2783
bear county identification stickers that identify the county of	2784
registration by name or number.	2785

Fraternal order of police license plates and validation	2786
stickers shall be issued upon payment of the regular license fee	2787
required by section 4503.04 of the Revised Code, payment of any	2788
local motor vehicle license tax levied under Chapter 4504. of the	2789
Revised Code, payment of a fee of ten dollars, and compliance with	2790
all other applicable laws relating to the registration of motor	2791
vehicles. If the application for fraternal order of police license	2792
plates is combined with a request for a special reserved license	2793
plate under section 4503.40 or 4503.42 of the Revised Code, the	2794
license plates and validation sticker shall be issued upon payment	2795
of the fees and taxes contained in this section and the additional	2796
fee prescribed under section 4503.40 or 4503.42 of the Revised	2797
Code. The fee of ten dollars shall be for the purpose of	2798
compensating the bureau of motor vehicles for additional services	2799
required in the issuing of fraternal order of police license	2800
plates, and shall be transmitted by the registrar to the treasurer	2801
of state for deposit into the state treasury to the credit of the	2802
state bureau of motor vehicles fund created by section 4501.25 of	2803
the Revised Code.	2804

(B) For each application for registration and registration	2805
renewal the registrar receives under this section, the registrar	2806
shall collect an additional fee of two dollars. The registrar	2807
shall transmit this additional fee to the treasurer of state for	2808
deposit in the fraternal order of police license plate	2809
contribution fund created in section 4501.3114501.21 of the	2810
Revised Code.	2811

Sec. 4503.711.  (A) The owner or lessee of any passenger car,	2812
noncommercial motor vehicle, recreational vehicle, or other	2813
vehicle of a class approved by the registrar of motor vehicles who	2814
is a member in good standing of the fraternal order of police	2815
associates of Ohio, inc., may apply to the registrar for the	2816
registration of the vehicle and issuance of fraternal order of	2817
police associate license plates. The application for fraternal	2818
order of police associate license plates may be combined with a	2819
request for a special reserved license plate under section 4503.40	2820
or 4503.42 of the Revised Code. Upon receipt of the completed	2821
application, presentation by the applicant of the required	2822
evidence that the applicant is a member in good standing of the	2823
fraternal order of police associates of Ohio, inc., and compliance	2824
with division (B) of this section, the registrar shall issue to	2825
the applicant the appropriate vehicle registration and a set of	2826
fraternal order of police associate license plates with a	2827
validation sticker or a validation sticker alone when required by	2828
section 4503.191 of the Revised Code.	2829

In addition to the letters and numbers ordinarily inscribed	2830
thereon, fraternal order of police associate license plates shall	2831
be inscribed with identifying words or markings designed by the	2832
fraternal order of police of Ohio, inc., and approved by the	2833
registrar. Fraternal order of police associate plates shall bear	2834
county identification stickers that identify the county of	2835
registration by name and number.	2836

(B) The registrar shall issue a set of fraternal order of	2837
police associate license plates with a validation sticker or a	2838
validation sticker alone upon receipt of a contribution as	2839
provided in division (C) of this section and upon payment of the	2840
regular license fees prescribed under section 4503.04 of the	2841
Revised Code, an additional fee of ten dollars for the purpose of	2842
compensating the bureau of motor vehicles for additional services	2843
required in the issuing of the fraternal order of police associate	2844
license plates, any applicable motor vehicle tax levied under	2845
Chapter 4504. of the Revised Code, and compliance with all other	2846
applicable laws relating to the registration of motor vehicles. If	2847
the application for fraternal order of police associate license	2848
plates is combined with a request for a special reserved license	2849
plate under section 4503.40 or 4503.42 of the Revised Code, the	2850
license plate and validation sticker shall be issued upon payment	2851
of the contribution, fees, and taxes contained in this division	2852
and the additional fee prescribed under section 4503.40 or 4503.42	2853
of the Revised Code.	2854

(C) For each application for registration and registration	2855
renewal the registrar receives under this section, the registrar	2856
shall collect a contribution of fifteen dollars. The registrar	2857
shall transmit this contribution to the treasurer of state for	2858
deposit in the fraternal order of police associate license plate	2859
contribution fund created in section 4501.2514501.21 of the	2860
Revised Code.	2861

The registrar shall transmit the additional fee of ten	2862
dollars specified in division (B) of this section to the treasurer	2863
of state for deposit into the state treasury to the credit of the	2864
state bureau of motor vehicles fund created by section 4501.25 of	2865
the Revised Code.	2866

Sec. 4503.72.  (A) The owner or lessee of any passenger car,	2867
noncommercial motor vehicle, recreational vehicle, or other	2868
vehicle of a class approved by the registrar of motor vehicles may	2869
apply to the registrar for the registration of the vehicle and	2870
issuance of Ohio court-appointed special advocate/guardian ad	2871
litem license plates. The application for Ohio court-appointed	2872
special advocate/guardian ad litem license plates may be combined	2873
with a request for a special reserved license plate under section	2874
4503.40 or 4503.42 of the Revised Code. Upon receipt of the	2875
completed application and compliance with division (B) of this	2876
section, the registrar shall issue to the applicant the	2877
appropriate vehicle registration and a set of Ohio court-appointed	2878
special advocate/guardian ad litem license plates with a	2879
validation sticker or a validation sticker alone when required by	2880
section 4503.191 of the Revised Code.	2881

In addition to the letters and numbers ordinarily inscribed	2882
thereon, Ohio court-appointed special advocate/guardian ad litem	2883
license plates shall be inscribed with identifying words or	2884
markings designed by the board of directors of the Ohio CASA/GAL	2885
association and approved by the registrar. Ohio court-appointed	2886
special advocate/guardian ad litem license plates shall bear	2887
county identification stickers that identify the county of	2888
registration by name or number.	2889

(B) The Ohio court-appointed special advocate/guardian ad	2890
litem license plates and validation sticker shall be issued upon	2891
receipt of a contribution as provided in division (C) of this	2892
section and upon payment of the regular license tax as prescribed	2893
under section 4503.04 of the Revised Code, a fee of ten dollars	2894
for the purpose of compensating the bureau of motor vehicles for	2895
additional services required in the issuing of the Ohio	2896
court-appointed special advocate/guardian ad litem license plates,	2897
any applicable motor vehicle tax levied under Chapter 4504. of the	2898
Revised Code, and compliance with all other applicable laws	2899
relating to the registration of motor vehicles. If the application	2900
for Ohio court-appointed special advocate/guardian ad litem	2901
license plates is combined with a request for a special reserved	2902
license plate under section 4503.40 or 4503.42 of the Revised	2903
Code, the license plate and validation sticker shall be issued	2904
upon payment of the contribution, fees, and taxes contained in	2905
this division and the additional fee prescribed under section	2906
4503.40 or 4503.42 of the Revised Code.	2907

(C) For each application for registration and registration	2908
renewal the registrar receives under this section, the registrar	2909
shall collect a contribution in an amount not to exceed forty	2910
dollars as determined by the board of directors of the Ohio	2911
CASA/GAL association. The registrar shall transmit this	2912
contribution to the treasurer of state for deposit in the Ohio	2913
court-appointed special advocate/guardian ad litem license plate	2914
contribution fund created in section 4501.284501.21 of the	2915
Revised Code.	2916

The registrar shall deposit the additional fee of ten dollars	2917
specified in division (B) of this section that the applicant for	2918
registration voluntarily pays for the purpose of compensating the	2919
bureau for the additional services required in the issuing of the	2920
applicant's Ohio court-appointed special advocate/guardian ad	2921
litem license plates in the state bureau of motor vehicles fund	2922
created in section 4501.25 of the Revised Code.	2923

Sec. 4503.73.  (A) The owner or lessee of any passenger car,	2924
noncommercial motor vehicle, motor home, or other vehicle of a	2925
class approved by the registrar of motor vehicles may apply to the	2926
registrar for the registration of the vehicle and issuance of "the	2927
leader in flight" license plates. The application for "the leader	2928
in flight" license plates may be combined with a request for a	2929
special reserved license plate under section 4503.40 or 4503.42 of	2930
the Revised Code. Upon receipt of the completed application and	2931
compliance with division (B) of this section, the registrar shall	2932
issue to the applicant the appropriate vehicle registration and a	2933
set of "the leader in flight" license plates with a validation	2934
sticker or a validation sticker alone when required by section	2935
4503.191 of the Revised Code.	2936

In addition to the letters and numbers ordinarily inscribed	2937
thereon, "the leader in flight" license plates shall be inscribed	2938
with the words "the leader in flight" and illustrations of a space	2939
shuttle in a vertical position and the Wright "B" airplane. "The	2940
leader in flight" license plates shall bear county identification	2941
stickers that identify the county of registration by name or	2942
number.	2943

(B) "The leader in flight" license plates and validation	2944
sticker shall be issued upon receipt of a contribution as provided	2945
in division (C) of this section and payment of the regular license	2946
tax as prescribed under section 4503.04 of the Revised Code, a fee	2947
of ten dollars for the purpose of compensating the bureau of motor	2948
vehicles for additional services required in the issuing of "the	2949
leader in flight" license plates, any applicable motor vehicle tax	2950
levied under Chapter 4504. of the Revised Code, and compliance	2951
with all other applicable laws relating to the registration of	2952
motor vehicles. If the application for "the leader in flight"	2953
license plates is combined with a request for a special reserved	2954
license plate under section 4503.40 or 4503.42 of the Revised	2955
Code, the license plate and validation sticker shall be issued	2956
upon payment of the fees and taxes referred to or established in	2957
this division and the additional fee prescribed under section	2958
4503.40 or 4503.42 of the Revised Code.	2959

(C) For each application for registration and registration	2960
renewal received under this section, the registrar shall collect a	2961
contribution of fifteen dollars. The registrar shall transmit this	2962
contribution to the treasurer of state for deposit in the leader	2963
in flight license plate contribution fund created in section	2964
4501.394501.21 of the Revised Code.	2965

The registrar shall deposit the additional fee of ten dollars	2966
specified in division (B) of this section that the applicant for	2967
registration voluntarily pays for the purpose of compensating the	2968
bureau for the additional services required in the issuing of the	2969
applicant's "the leader in flight" license plates in the state	2970
bureau of motor vehicles fund created in section 4501.25 of the	2971
Revised Code.	2972

Sec. 4503.75.  (A) The owner or lessee of any passenger car,	2973
noncommercial motor vehicle, recreational vehicle, or other	2974
vehicle of a class approved by the registrar of motor vehicles who	2975
also is a member of the rotary international may apply to the	2976
registrar for the registration of the vehicle and issuance of	2977
rotary international license plates. The application for rotary	2978
international license plates may be combined with a request for a	2979
special reserved license plate under section 4503.40 or 4503.42 of	2980
the Revised Code. Upon receipt of the completed application, proof	2981
of membership in rotary international as required by the	2982
registrar, and compliance with division (B) of this section, the	2983
registrar shall issue to the applicant the appropriate vehicle	2984
registration and a set of rotary international license plates with	2985
a validation sticker or a validation sticker alone when required	2986
by section 4503.191 of the Revised Code.	2987

In addition to the letters and numbers ordinarily inscribed	2988
thereon, rotary international license plates shall be inscribed	2989
with identifying words or markings representing the international	2990
rotary and approved by the registrar. Rotary international license	2991
plates shall bear county identification stickers that identify the	2992
county of registration by name or number.	2993

(B) The rotary international license plates and validation	2994
sticker shall be issued upon receipt of a contribution as provided	2995
in division (C) of this section and upon payment of the regular	2996
license tax as prescribed under section 4503.04 of the Revised	2997
Code, a fee of ten dollars for the purpose of compensating the	2998
bureau of motor vehicles for additional services required in the	2999
issuing of the rotary international license plates, any applicable	3000
motor vehicle tax levied under Chapter 4504. of the Revised Code,	3001
and compliance with all other applicable laws relating to the	3002
registration of motor vehicles. If the application for rotary	3003
international license plates is combined with a request for a	3004
special reserved license plate under section 4503.40 or 4503.42 of	3005
the Revised Code, the license plate and validation sticker shall	3006
be issued upon payment of the contribution, fees, and taxes	3007
contained in this division and the additional fee prescribed under	3008
section 4503.40 or 4503.42 of the Revised Code.	3009

(C) For each application for registration and registration	3010
renewal the registrar receives under this section, the registrar	3011
shall collect a contribution of fifteen dollars. The registrar	3012
shall transmit this contribution to the treasurer of state for	3013
deposit in the rotary international license plate contribution	3014
fund created in section 4501.294501.21 of the Revised Code.	3015

The registrar shall deposit the additional fee of ten dollars	3016
specified in division (B) of this section that the applicant for	3017
registration voluntarily pays for the purpose of compensating the	3018
bureau for the additional services required in the issuing of the	3019
applicant's rotary international license plates in the state	3020
bureau of motor vehicles fund created in section 4501.25 of the	3021
Revised Code.	3022

Sec. 4506.08.  (A) Each application for a commercial driver's	3023
license temporary instruction permit shall be accompanied by a fee	3024
of ten dollars; except as provided in division (B) of this	3025
section, each application for a commercial driver's license,	3026
restricted commercial driver's license, or renewal of such a	3027
license shall be accompanied by a fee of twenty-five dollars; and	3028
each application for a duplicate commercial driver's license shall	3029
be accompanied by a fee of ten dollars. In addition, the registrar	3030
of motor vehicles or deputy registrar may collect and retain an	3031
additional fee of no more than two dollars and seventy-five cents	3032
commencing on July 1, 2001, three dollars and twenty-five cents	3033
commencing on January 1, 2003, and three dollars and fifty cents	3034
commencing on January 1, 2004, for each application for a	3035
commercial driver's license temporary instruction permit,	3036
commercial driver's license, renewal of a commercial driver's	3037
license, or duplicate commercial driver's license received by the	3038
registrar or deputy. No fee shall be charged for the annual	3039
issuance of a waiver for farm-related service industries pursuant	3040
to section 4506.24 of the Revised Code.	3041

Each deputy registrar shall transmit the fees collected to	3042
the registrar at the time and in the manner prescribed by the	3043
registrar by rule. The registrar shall pay the fees into the state	3044
highway safety fund established in section 4501.06 of the Revised	3045
Code.	3046

(B) In addition to the fees imposed under division (A) of	3047
this section, the registrar of motor vehicles or deputy registrar	3048
shall collect a fee of twelve dollars commencing on October 1,	3049
2003, for each application for a commercial driver's license	3050
temporary instruction permit, commercial driver's license, or	3051
duplicate commercial driver's license and for each application for	3052
renewal of a commercial driver's license with an expiration date	3053
on or after that date received by the registrar or deputy	3054
registrar. The additional fee is for the purpose of defraying the	3055
department of public safety's costs associated with the	3056
administration and enforcement of the motor vehicle and traffic	3057
laws of Ohio. Each deputy registrar shall transmit the fees	3058
collected under division (B) of this section in the time and	3059
manner prescribed by the registrar. The registrar shall deposit	3060
all moneys received under division (B) of this section into the	3061
state highway safety fund established in section 4501.06 of the	3062
Revised Code.	3063

(C) Information regarding the driving record of any person	3064
holding a commercial driver's license issued by this state shall	3065
be furnished by the registrar, upon request and payment of a fee	3066
of three dollars, to the employer or prospective employer of such	3067
a person and to any insurer.	3068

Sec. 4507.23.  (A) Except as provided in division (H)(I) of	3069
this section, each application for a temporary instruction permit	3070
and examination shall be accompanied by a fee of four dollars.	3071

(B) Except as provided in division (H)(I) of this section,	3072
each application for a driver's license made by a person who	3073
previously held such a license and whose license has expired not	3074
more than two years prior to the date of application, and who is	3075
required under this chapter to give an actual demonstration of the	3076
person's ability to drive, shall be accompanied by a fee of three	3077
dollars in addition to any other fees.	3078

(C) Except as provided in divisions (E) and (H)(I) of this	3079
section, each application for a driver's license, or motorcycle	3080
operator's endorsement, or renewal of a driver's license shall be	3081
accompanied by a fee of six dollars. Except as provided in	3082
division (H)(I) of this section, each application for a duplicate	3083
driver's license shall be accompanied by a fee of two dollars and	3084
fifty cents. The duplicate driver's licenses issued under this	3085
section shall be distributed by the deputy registrar in accordance	3086
with rules adopted by the registrar of motor vehicles.	3087

(D) Except as provided in division (H)(I) of this section,	3088
each application for a motorized bicycle license or duplicate	3089
thereof shall be accompanied by a fee of two dollars and fifty	3090
cents.	3091

(E) Except as provided in division (H)(I) of this section,	3092
each application for a driver's license or renewal of a driver's	3093
license that will be issued to a person who is less than	3094
twenty-one years of age shall be accompanied by whichever of the	3095
following fees is applicable:	3096

(1) If the person is sixteen years of age or older, but less	3097
than seventeen years of age, a fee of seven dollars and	3098
twenty-five cents;	3099

(2) If the person is seventeen years of age or older, but	3100
less than eighteen years of age, a fee of six dollars;	3101

(3) If the person is eighteen years of age or older, but less	3102
than nineteen years of age, a fee of four dollars and seventy-five	3103
cents;	3104

(4) If the person is nineteen years of age or older, but less	3105
than twenty years of age, a fee of three dollars and fifty cents;	3106

(5) If the person is twenty years of age or older, but less	3107
than twenty-one years of age, a fee of two dollars and twenty-five	3108
cents.	3109

(F) Neither the registrar nor any deputy registrar shall	3110
charge a fee in excess of one dollar and fifty cents for	3111
laminating a driver's license, motorized bicycle license, or	3112
temporary instruction permit identification cards as required by	3113
sections 4507.13 and 4511.521 of the Revised Code. A deputy	3114
registrar laminating a driver's license, motorized bicycle	3115
license, or temporary instruction permit identification cards	3116
shall retain the entire amount of the fee charged for lamination,	3117
less the actual cost to the registrar of the laminating materials	3118
used for that lamination, as specified in the contract executed by	3119
the bureau for the laminating materials and laminating equipment.	3120
The deputy registrar shall forward the amount of the cost of the	3121
laminating materials to the registrar for deposit as provided in	3122
this section.	3123

(G) Except as provided in division (I) of this section and	3124
except for the renewal of a driver's license, commencing on	3125
October 1, 2003, each transaction described in divisions (A), (B),	3126
(C), (D), and (E) of this section shall be accompanied by an	3127
additional fee of twelve dollars. A transaction involving the	3128
renewal of a driver's license with an expiration date on or after	3129
that date shall be accompanied by an additional fee of twelve	3130
dollars. The additional fee is for the purpose of defraying the	3131
department of public safety's costs associated with the	3132
administration and enforcement of the motor vehicle and traffic	3133
laws of Ohio.	3134

(H) At the time and in the manner provided by section 4503.10	3135
of the Revised Code, the deputy registrar shall transmit the fees	3136
collected under divisions (A), (B), (C), (D), and (E), and those	3137
portions of the fees specified in and collected under division	3138
(F), and the additional fee under division (G) of this section to	3139
the registrar. The registrar shall pay two dollars and fifty cents	3140
of each fee collected under divisions (A), (B), (C), (D), and	3141
(E)(1) to (4) of this section, and the entire fee collected under	3142
division (E)(5) of this section, into the state highway safety	3143
fund established in section 4501.06 of the Revised Code, and such	3144
fees shall be used for the sole purpose of supporting driver	3145
licensing activities. The registrar also shall pay the entire fee	3146
collected under division (G) of this section into the state	3147
highway safety fund created in section 4501.06 of the Revised	3148
Code. The remaining fees collected by the registrar under this	3149
section shall be paid into the state bureau of motor vehicles fund	3150
established in section 4501.25 of the Revised Code.	3151

(H)(I) A disabled veteran who has a service-connected	3152
disability rated at one hundred per cent by the veterans'	3153
administration may apply to the registrar or a deputy registrar	3154
for the issuance to that veteran, without the payment of any fee	3155
prescribed in this section, of any of the following items:	3156

(1) A temporary instruction permit and examination;

3157

(2) A new, renewal, or duplicate driver's or commercial	3158
driver's license;	3159

(3) A motorcycle operator's endorsement;

3160

(4) A motorized bicycle license or duplicate thereof;

3161

(5) Lamination of a driver's license, motorized bicycle	3162
license, or temporary instruction permit identification card as	3163
provided in division (F) of this section, if the circumstances	3164
specified in division (H)(I)(5) of this section are met.	3165

If the driver's license, motorized bicycle license, or	3166
temporary instruction permit identification card of a disabled	3167
veteran described in division (H)(I) of this section is laminated	3168
by a deputy registrar who is acting as a deputy registrar pursuant	3169
to a contract with the registrar that is in effect on October 14,	3170
1997, the disabled veteran shall be required to pay the deputy	3171
registrar the lamination fee provided in division (F) of this	3172
section. If the driver's license, motorized bicycle license, or	3173
temporary instruction permit identification card of such a	3174
disabled veteran is laminated by a deputy registrar who is acting	3175
as a deputy registrar pursuant to a contract with the registrar	3176
that is executed after October 14, 1997, the disabled veteran is	3177
not required to pay the deputy registrar the lamination fee	3178
provided in division (F) of this section.	3179

A disabled veteran whose driver's license, motorized bicycle	3180
license, or temporary instruction permit identification card is	3181
laminated by the registrar is not required to pay the registrar	3182
any lamination fee.	3183

An application made under division (H)(I) of this section	3184
shall be accompanied by such documentary evidence of disability as	3185
the registrar may require by rule.	3186

Sec. 4511.04. (A) Sections 4511.01 to 4511.18, 4511.20 to	3187
4511.78, inclusive, section 4511.99, and sections 4513.01 to	3188
4513.37, inclusive, of the Revised Code do not apply to persons,	3189
teams, motor vehicles, and other equipment while actually engaged	3190
in work upon the surface of a highway within an area designated by	3191
traffic control devices, but apply to such persons and vehicles	3192
when traveling to or from such work.	3193

(B) The driversdriver of snow plows, traffic line strippers,	3194
road sweepers, mowing machines, tar distributing vehicles, and	3195
other vehicles utilized in snow and ice removal or road surfacea	3196
highway maintenance vehicle owned by this state or any political	3197
subdivision of this state, while the driver is engaged in workthe	3198
performance of official duties upon a street or highway, provided	3199
such vehicles arethe highway maintenance vehicle is equipped with	3200
flashing lights and such other markings as are required by law,	3201
and such lights are in operation when the vehiclesdriver and	3202
vehicle are so engaged, shall be exempt from criminal prosecution	3203
for violations of sections 4511.22, 4511.25, 4511.26, 4511.27,	3204
4511.28, 4511.30, 4511.31, 4511.33, 4511.35, and 4511.66, 4513.02,	3205
and 5577.01 to 5577.09 of the Revised Code. Such exemption shall	3206
not apply to such drivers when their vehicles are not so engaged.	3207
This	3208

(C)(1) This section shalldoes not exempt a driver of such	3209
equipmenta highway maintenance vehicle from civil liability	3210
arising from thea violation of sectionssection 4511.22, 4511.25,	3211
4511.26, 4511.27, 4511.28, 4511.30, 4511.31, 4511.33, 4511.35, and	3212
4511.66, or 4513.02 or sections 5577.01 to 5577.09 of the Revised	3213
Code.	3214

(2) This section does not exempt the driver of a vehicle that	3215
is engaged in the transport of highway maintenance equipment from	3216
criminal liability for a violation of sections 5577.01 to 5577.09	3217
of the Revised Code.	3218

(D) As used in this section, "highway maintenance vehicle"	3219
means a vehicle used in snow and ice removal or road surface	3220
maintenance, including a snow plow, traffic line striper, road	3221
sweeper, mowing machine, asphalt distributing vehicle, or other	3222
such vehicle designed for use in specific highway maintenance	3223
activities.	3224

Sec. 4511.19.  (A) No person shall operate any vehicle,	3225
streetcar, or trackless trolley within this state, if any of the	3226
following apply:	3227

(1) The person is under the influence of alcohol, a drug of	3228
abuse, or alcohol and a drug of abuse;.	3229

(2) The person has a concentration of ten-hundredths	3230
eight-hundredths of one per cent or more but less than	3231
seventeen-hundredths of one per cent by weight of alcohol in the	3232
person's blood;.	3233

(3) The person has a concentration of ten-hundredths	3234
eight-hundredths of one gram or more but less than	3235
seventeen-hundredths of one gram by weight of alcohol per two	3236
hundred ten liters of the person's breath;.	3237

(4) The person has a concentration of fourteen-hundredths	3238
eleven-hundredths of one gram or more but less than two hundred	3239
thirty-eight-thousandths of one gram by weight of alcohol per one	3240
hundred milliliters of the person's urine;.	3241

(5) The person has a concentration of seventeen-hundredths of	3242
one per cent or more by weight of alcohol in the person's blood;.	3243

(6) The person has a concentration of seventeen-hundredths of	3244
one gram or more by weight of alcohol per two hundred ten liters	3245
of the person's breath;.	3246

(7) The person has a concentration of two hundred	3247
thirty-eight-thousandths of one gram or more by weight of alcohol	3248
per one hundred milliliters of the person's urine.	3249

(B) No person under twenty-one years of age shall operate any	3250
vehicle, streetcar, or trackless trolley within this state, if any	3251
of the following apply:	3252

(1) The person has a concentration of at least two-hundredths	3253
of one per cent but less than ten-hundredthseight-hundredths of	3254
one per cent by weight of alcohol in the person's blood;.	3255

(2) The person has a concentration of at least two-hundredths	3256
of one gram but less than ten-hundredthseight-hundredths of one	3257
gram by weight of alcohol per two hundred ten liters of the	3258
person's breath;.	3259

(3) The person has a concentration of at least twenty-eight	3260
one-thousandths of one gram but less than fourteen-hundredths	3261
eleven-hundredths of one gram by weight of alcohol per one hundred	3262
milliliters of the person's urine.	3263

(C) In any proceeding arising out of one incident, a person	3264
may be charged with a violation of division (A)(1) and a violation	3265
of division (B)(1), (2), or (3) of this section, but the person	3266
may not be convicted of more than one violation of these	3267
divisions.	3268

(D)(1) In any criminal prosecution or juvenile court	3269
proceeding for a violation of division (A) or (B) of this section,	3270
of a municipal ordinance relating to operating a vehicle while	3271
under the influence of alcohol, a drug of abuse, or alcohol and a	3272
drug of abuse, or of a municipal ordinance relating to operating a	3273
vehicle with a prohibited concentration of alcohol in the blood,	3274
breath, or urine, the court may admit evidence on the	3275
concentration of alcohol, drugs of abuse, or alcohol and drugs of	3276
abuse in the defendant's blood, breath, urine, or other bodily	3277
substance at the time of the alleged violation as shown by	3278
chemical analysis of the defendant's blood, urine, breath, or	3279
other bodily substance withdrawn within two hours of the time of	3280
the alleged violation.	3281

When a person submits to a blood test at the request of a	3282
police officer under section 4511.191 of the Revised Code, only a	3283
physician, a registered nurse, or a qualified technician or	3284
chemist shall withdraw blood for the purpose of determining its	3285
alcohol, drug, or alcohol and drug content. This limitation does	3286
not apply to the taking of breath or urine specimens. A physician,	3287
a registered nurse, or a qualified technician or chemist may	3288
refuse to withdraw blood for the purpose of determining the	3289
alcohol, drug, or alcohol and drug content of the blood, if in the	3290
opinion of the physician, nurse, technician, or chemist the	3291
physical welfare of the person would be endangered by the	3292
withdrawing of blood.	3293

Such bodily substance shall be analyzed in accordance with	3294
methods approved by the director of health by an individual	3295
possessing a valid permit issued by the director of health	3296
pursuant to section 3701.143 of the Revised Code.	3297

(2) In a criminal prosecution or juvenile court proceeding	3298
for a violation of division (A) of this section, of a municipal	3299
ordinance relating to operating a vehicle while under the	3300
influence of alcohol, a drug of abuse, or alcohol and a drug of	3301
abuse, or of a municipal ordinance substantially equivalent to	3302
division (A) of this section relating to operating a vehicle with	3303
a prohibited concentration of alcohol in the blood, breath, or	3304
urine, if there was at the time the bodily substance was withdrawn	3305
a concentration of less than ten-hundredthseight-hundredths of	3306
one per cent by weight of alcohol in the defendant's blood, less	3307
than ten-hundredthseight-hundredths of one gram by weight of	3308
alcohol per two hundred ten liters of the defendant's breath, or	3309
less than fourteen-hundredthseleven-hundredths of one gram by	3310
weight of alcohol per one hundred milliliters of the defendant's	3311
urine, suchthat fact may be considered with other competent	3312
evidence in determining the guilt or innocence of the defendant.	3313
This division does not limit or affect a criminal prosecution or	3314
juvenile court proceeding for a violation of division (B) of this	3315
section or of a municipal ordinance substantially equivalent to	3316
division (B) of this section relating to operating a vehicle with	3317
a prohibited concentration of alcohol in the blood, breath, or	3318
urine.	3319

(3) Upon the request of the person who was tested, the	3320
results of the chemical test shall be made available to the person	3321
or the person's attorney or agent immediately upon the completion	3322
of the chemical test analysis.	3323

The person tested may have a physician, a registered nurse,	3324
or a qualified technician or chemist of the person's own choosing	3325
administer a chemical test or tests in addition to any	3326
administered at the request of a police officer, and shall be so	3327
advised. The failure or inability to obtain an additional chemical	3328
test by a person shall not preclude the admission of evidence	3329
relating to the chemical test or tests taken at the request of a	3330
police officer.	3331

(4)(a) As used in divisions (D)(4)(b) and (c) of this	3332
section, "national highway traffic safety administration" means	3333
the national highway traffic safety administration established as	3334
an administration of the United States department of	3335
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	3336

(b) In any criminal prosecution or juvenile court proceeding	3337
for a violation of division (A) or (B) of this section, of a	3338
municipal ordinance relating to operating a vehicle while under	3339
the influence of alcohol, a drug of abuse, or alcohol and a drug	3340
of abuse, or of a municipal ordinance relating to operating a	3341
vehicle with a prohibited concentration of alcohol in the blood,	3342
breath, or urine, if a law enforcement officer has administered a	3343
field sobriety test to the operator of the vehicle involved in the	3344
violation and if it is shown by clear and convincing evidence that	3345
the officer administered the test in substantial compliance with	3346
the testing standards for any reliable, credible, and generally	3347
accepted field sobriety tests that were in effect at the time the	3348
tests were administered, including, but not limited to, any	3349
testing standards then in effect that were set by the national	3350
highway traffic safety administration, all of the following apply:	3351

(i) The officer may testify concerning the results of the	3352
field sobriety test so administered.	3353

(ii) The prosecution may introduce the results of the field	3354
sobriety test so administered as evidence in any proceedings in	3355
the criminal prosecution or juvenile court proceeding.	3356

(iii) If testimony is presented or evidence is introduced	3357
under division (D)(4)(b)(i) or (ii) of this section and if the	3358
testimony or evidence is admissible under the Rules of Evidence,	3359
the court shall admit the testimony or evidence and the trier of	3360
fact shall give it whatever weight the trier of fact considers to	3361
be appropriate.	3362

(c) Division (D)(4)(b) of this section does not limit or	3363
preclude a court, in its determination of whether the arrest of a	3364
person was supported by probable cause or its determination of any	3365
other matter in a criminal prosecution or juvenile court	3366
proceeding of a type described in that division, from considering	3367
evidence or testimony that is not otherwise disallowed by division	3368
(D)(4)(b) of this section.	3369

(5) Any physician, registered nurse, or qualified technician	3370
or chemist who withdraws blood from a person pursuant to this	3371
section, and any hospital, first-aid station, or clinic at which	3372
blood is withdrawn from a person pursuant to this section, is	3373
immune from criminal liability, and from civil liability that is	3374
based upon a claim of assault and battery or based upon any other	3375
claim that is not in the nature of a claim of malpractice, for any	3376
act performed in withdrawing blood from the person.	3377

Sec. 4511.191.  (A) Any person who operates a vehicle upon a	3378
highway or any public or private property used by the public for	3379
vehicular travel or parking within this state shall be deemed to	3380
have given consent to a chemical test or tests of the person's	3381
blood, breath, or urine for the purpose of determining the	3382
alcohol, drug, or alcohol and drug content of the person's blood,	3383
breath, or urine if arrested for operating a vehicle while under	3384
the influence of alcohol, a drug of abuse, or alcohol and a drug	3385
of abuse or for operating a vehicle with a prohibited	3386
concentration of alcohol in the blood, breath, or urine. The	3387
chemical test or tests shall be administered at the request of a	3388
police officer having reasonable grounds to believe the person to	3389
have been operating a vehicle upon a highway or any public or	3390
private property used by the public for vehicular travel or	3391
parking in this state while under the influence of alcohol, a drug	3392
of abuse, or alcohol and a drug of abuse or with a prohibited	3393
concentration of alcohol in the blood, breath, or urine. The law	3394
enforcement agency by which the officer is employed shall	3395
designate which of the tests shall be administered.	3396

(B) Any person who is dead or unconscious, or who is	3397
otherwise in a condition rendering the person incapable of	3398
refusal, shall be deemed not to have withdrawn consent as provided	3399
by division (A) of this section and the test or tests may be	3400
administered, subject to sections 313.12 to 313.16 of the Revised	3401
Code.	3402

(C)(1) Any person under arrest for operating a vehicle while	3403
under the influence of alcohol, a drug of abuse, or alcohol and a	3404
drug of abuse or for operating a vehicle with a prohibited	3405
concentration of alcohol in the blood, breath, or urine shall be	3406
advised at a police station, or at a hospital, first-aid station,	3407
or clinic to which the person has been taken for first-aid or	3408
medical treatment, of both of the following:	3409

(a) The consequences, as specified in division (E) of this	3410
section, of the person's refusal to submit upon request to a	3411
chemical test designated by the law enforcement agency as provided	3412
in division (A) of this section;	3413

(b) The consequences, as specified in division (F) of this	3414
section, of the person's submission to the designated chemical	3415
test if the person is found to have a prohibited concentration of	3416
alcohol in the blood, breath, or urine.	3417

(2)(a) The advice given pursuant to division (C)(1) of this	3418
section shall be in a written form containing the information	3419
described in division (C)(2)(b) of this section and shall be read	3420
to the person. The form shall contain a statement that the form	3421
was shown to the person under arrest and read to the person in the	3422
presence of the arresting officer and either another police	3423
officer, a civilian police employee, or an employee of a hospital,	3424
first-aid station, or clinic, if any, to which the person has been	3425
taken for first-aid or medical treatment. The witnesses shall	3426
certify to this fact by signing the form.	3427

(b) The form required by division (C)(2)(a) of this section	3428
shall read as follows:	3429

"You now are under arrest for operating a vehicle while under	3430
the influence of alcohol, a drug of abuse, or both alcohol and a	3431
drug of abuse and will be requested by a police officer to submit	3432
to a chemical test to determine the concentration of alcohol,	3433
drugs of abuse, or alcohol and drugs of abuse in your blood,	3434
breath, or urine.	3435

If you refuse to submit to the requested test or if you	3436
submit to the requested test and are found to have a prohibited	3437
concentration of alcohol in your blood, breath, or urine, your	3438
driver's or commercial driver's license or permit or nonresident	3439
operating privilege immediately will be suspended for the period	3440
of time specified by law by the officer, on behalf of the	3441
registrar of motor vehicles. You may appeal this suspension at	3442
your initial appearance before the court that hears the charges	3443
against you resulting from the arrest, and your initial appearance	3444
will be conducted no later than five days after the arrest. This	3445
suspension is independent of the penalties for the offense, and	3446
you may be subject to other penalties upon conviction."	3447

(D)(1) If a person under arrest as described in division	3448
(C)(1) of this section is not asked by a police officer to submit	3449
to a chemical test designated as provided in division (A) of this	3450
section, the arresting officer shall seize the Ohio or	3451
out-of-state driver's or commercial driver's license or permit of	3452
the person and immediately forward the seized license or permit to	3453
the court in which the arrested person is to appear on the charge	3454
for which the person was arrested. If the arrested person does not	3455
have the person's driver's or commercial driver's license or	3456
permit on the person's self or in the person's vehicle, the	3457
arresting officer shall order the arrested person to surrender it	3458
to the law enforcement agency that employs the officer within	3459
twenty-four hours after the arrest, and, upon the surrender, the	3460
officer's employing agency immediately shall forward the license	3461
or permit to the court in which the arrested person is to appear	3462
on the charge for which the person was arrested. Upon receipt of	3463
the license or permit, the court shall retain it pending the	3464
initial appearance of the arrested person and any action taken	3465
under section 4511.196 of the Revised Code.	3466

If a person under arrest as described in division (C)(1) of	3467
this section is asked by a police officer to submit to a chemical	3468
test designated as provided in division (A) of this section and is	3469
advised of the consequences of the person's refusal or submission	3470
as provided in division (C) of this section and if the person	3471
either refuses to submit to the designated chemical test or the	3472
person submits to the designated chemical test and the test	3473
results indicate that the person's blood contained a concentration	3474
of ten-hundredthseight-hundredths of one per cent or more by	3475
weight of alcohol, the person's breath contained a concentration	3476
of ten-hundredthseight-hundredths of one gram or more by weight	3477
of alcohol per two hundred ten liters of the person's breath, or	3478
the person's urine contained a concentration of	3479
fourteen-hundredthseleven-hundredths of one gram or more by	3480
weight of alcohol per one hundred milliliters of the person's	3481
urine at the time of the alleged offense, the arresting officer	3482
shall do all of the following:	3483

(a) On behalf of the registrar, serve a notice of suspension	3484
upon the person that advises the person that, independent of any	3485
penalties or sanctions imposed upon the person pursuant to any	3486
other section of the Revised Code or any other municipal	3487
ordinance, the person's driver's or commercial driver's license or	3488
permit or nonresident operating privilege is suspended, that the	3489
suspension takes effect immediately, that the suspension will last	3490
at least until the person's initial appearance on the charge that	3491
will be held within five days after the date of the person's	3492
arrest or the issuance of a citation to the person, and that the	3493
person may appeal the suspension at the initial appearance; seize	3494
the Ohio or out-of-state driver's or commercial driver's license	3495
or permit of the person; and immediately forward the seized	3496
license or permit to the registrar. If the arrested person does	3497
not have the person's driver's or commercial driver's license or	3498
permit on the person's self or in the person's vehicle, the	3499
arresting officer shall order the person to surrender it to the	3500
law enforcement agency that employs the officer within twenty-four	3501
hours after the service of the notice of suspension, and, upon the	3502
surrender, the officer's employing agency immediately shall	3503
forward the license or permit to the registrar.	3504

(b) Verify the current residence of the person and, if it	3505
differs from that on the person's driver's or commercial driver's	3506
license or permit, notify the registrar of the change;	3507

(c) In addition to forwarding the arrested person's driver's	3508
or commercial driver's license or permit to the registrar, send to	3509
the registrar, within forty-eight hours after the arrest of the	3510
person, a sworn report that includes all of the following	3511
statements:	3512

(i) That the officer had reasonable grounds to believe that,	3513
at the time of the arrest, the arrested person was operating a	3514
vehicle upon a highway or public or private property used by the	3515
public for vehicular travel or parking within this state while	3516
under the influence of alcohol, a drug of abuse, or alcohol and a	3517
drug of abuse or with a prohibited concentration of alcohol in the	3518
blood, breath, or urine;	3519

(ii) That the person was arrested and charged with operating	3520
a vehicle while under the influence of alcohol, a drug of abuse,	3521
or alcohol and a drug of abuse or with operating a vehicle with a	3522
prohibited concentration of alcohol in the blood, breath, or	3523
urine;	3524

(iii) That the officer asked the person to take the	3525
designated chemical test, advised the person of the consequences	3526
of submitting to the chemical test or refusing to take the	3527
chemical test, and gave the person the form described in division	3528
(C)(2) of this section;	3529

(iv) That the person refused to submit to the chemical test	3530
or that the person submitted to the chemical test and the test	3531
results indicate that the person's blood contained a concentration	3532
of ten-hundredthseight-hundredths of one per cent or more by	3533
weight of alcohol, the person's breath contained a concentration	3534
of ten-hundredthseight-hundredths of one gram or more by weight	3535
of alcohol per two hundred ten liters of the person's breath, or	3536
the person's urine contained a concentration of	3537
fourteen-hundredthseleven-hundredths of one gram or more by	3538
weight of alcohol per one hundred milliliters of the person's	3539
urine at the time of the alleged offense;	3540

(v) That the officer served a notice of suspension upon the	3541
person as described in division (D)(1)(a) of this section.	3542

(2) The sworn report of an arresting officer completed under	3543
division (D)(1)(c) of this section shall be given by the officer	3544
to the arrested person at the time of the arrest or sent to the	3545
person by regular first class mail by the registrar as soon	3546
thereafter as possible, but no later than fourteen days after	3547
receipt of the report. An arresting officer may give an unsworn	3548
report to the arrested person at the time of the arrest provided	3549
the report is complete when given to the arrested person and	3550
subsequently is sworn to by the arresting officer. As soon as	3551
possible, but no later than forty-eight hours after the arrest of	3552
the person, the arresting officer shall send a copy of the sworn	3553
report to the court in which the arrested person is to appear on	3554
the charge for which the person was arrested.	3555

(3) The sworn report of an arresting officer completed and	3556
sent to the registrar and the court under divisions (D)(1)(c) and	3557
(D)(2) of this section is prima-facie proof of the information and	3558
statements that it contains and shall be admitted and considered	3559
as prima-facie proof of the information and statements that it	3560
contains in any appeal under division (H) of this section relative	3561
to any suspension of a person's driver's or commercial driver's	3562
license or permit or nonresident operating privilege that results	3563
from the arrest covered by the report.	3564

(E)(1) Upon receipt of the sworn report of an arresting	3565
officer completed and sent to the registrar and a court pursuant	3566
to divisions (D)(1)(c) and (D)(2) of this section in regard to a	3567
person who refused to take the designated chemical test, the	3568
registrar shall enter into the registrar's records the fact that	3569
the person's driver's or commercial driver's license or permit or	3570
nonresident operating privilege was suspended by the arresting	3571
officer under division (D)(1)(a) of this section and the period of	3572
the suspension, as determined under divisions (E)(1)(a) to (d) of	3573
this section. The suspension shall be subject to appeal as	3574
provided in this section and shall be for whichever of the	3575
following periods applies:	3576

(a) If the arrested person, within five years of the date on	3577
which the person refused the request to consent to the chemical	3578
test, had not refused a previous request to consent to a chemical	3579
test of the person's blood, breath, or urine to determine its	3580
alcohol content, the period of suspension shall be one year. If	3581
the person is a resident without a license or permit to operate a	3582
vehicle within this state, the registrar shall deny to the person	3583
the issuance of a driver's or commercial driver's license or	3584
permit for a period of one year after the date of the alleged	3585
violation.	3586

(b) If the arrested person, within five years of the date on	3587
which the person refused the request to consent to the chemical	3588
test, had refused one previous request to consent to a chemical	3589
test of the person's blood, breath, or urine to determine its	3590
alcohol content, the period of suspension or denial shall be two	3591
years.	3592

(c) If the arrested person, within five years of the date on	3593
which the person refused the request to consent to the chemical	3594
test, had refused two previous requests to consent to a chemical	3595
test of the person's blood, breath, or urine to determine its	3596
alcohol content, the period of suspension or denial shall be three	3597
years.	3598

(d) If the arrested person, within five years of the date on	3599
which the person refused the request to consent to the chemical	3600
test, had refused three or more previous requests to consent to a	3601
chemical test of the person's blood, breath, or urine to determine	3602
its alcohol content, the period of suspension or denial shall be	3603
five years.	3604

(2) The suspension or denial imposed under division (E)(1) of	3605
this section shall continue for the entire one-year, two-year,	3606
three-year, or five-year period, subject to appeal as provided in	3607
this section and subject to termination as provided in division	3608
(K) of this section.	3609

(F) Upon receipt of the sworn report of an arresting officer	3610
completed and sent to the registrar and a court pursuant to	3611
divisions (D)(1)(c) and (D)(2) of this section in regard to a	3612
person whose test results indicate that the person's blood	3613
contained a concentration of ten-hundredthseight-hundredths of	3614
one per cent or more by weight of alcohol, the person's breath	3615
contained a concentration of ten-hundredthseight-hundredths of	3616
one gram or more by weight of alcohol per two hundred ten liters	3617
of the person's breath, or the person's urine contained a	3618
concentration of fourteen-hundredthseleven-hundredths of one gram	3619
or more by weight of alcohol per one hundred milliliters of the	3620
person's urine at the time of the alleged offense, the registrar	3621
shall enter into the registrar's records the fact that the	3622
person's driver's or commercial driver's license or permit or	3623
nonresident operating privilege was suspended by the arresting	3624
officer under division (D)(1)(a) of this section and the period of	3625
the suspension, as determined under divisions (F)(1) to (4) of	3626
this section. The suspension shall be subject to appeal as	3627
provided in this section and shall be for whichever of the	3628
following periods that applies:	3629

(1) Except when division (F)(2), (3), or (4) of this section	3630
applies and specifies a different period of suspension or denial,	3631
the period of the suspension or denial shall be ninety days.	3632

(2) The period of suspension or denial shall be one year if	3633
the person has been convicted, within six years of the date the	3634
test was conducted, of a violation of one of the following:	3635

(a) Division (A) or (B) of section 4511.19 of the Revised	3636
Code;	3637

(b) A municipal ordinance relating to operating a vehicle	3638
while under the influence of alcohol, a drug of abuse, or alcohol	3639
and a drug of abuse;	3640

(c) A municipal ordinance relating to operating a vehicle	3641
with a prohibited concentration of alcohol in the blood, breath,	3642
or urine;	3643

(d) Section 2903.04 of the Revised Code in a case in which	3644
the offender was subject to the sanctions described in division	3645
(D) of that section;	3646

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	3647
section 2903.08 of the Revised Code or a municipal ordinance that	3648
is substantially similar to either of those divisions;	3649

(f) Division (A)(2), (3), or (4) of section 2903.06, division	3650
(A)(2) of section 2903.08, or former section 2903.07 of the	3651
Revised Code, or a municipal ordinance that is substantially	3652
similar to any of those divisions or that former section, in a	3653
case in which the jury or judge found that at the time of the	3654
commission of the offense the offender was under the influence of	3655
alcohol, a drug of abuse, or alcohol and a drug of abuse;	3656

(g) A statute of the United States or of any other state or a	3657
municipal ordinance of a municipal corporation located in any	3658
other state that is substantially similar to division (A) or (B)	3659
of section 4511.19 of the Revised Code.	3660

(3) If the person has been convicted, within six years of the	3661
date the test was conducted, of two violations of a statute or	3662
ordinance described in division (F)(2) of this section, the period	3663
of the suspension or denial shall be two years.	3664

(4) If the person has been convicted, within six years of the	3665
date the test was conducted, of more than two violations of a	3666
statute or ordinance described in division (F)(2) of this section,	3667
the period of the suspension or denial shall be three years.	3668

(G)(1) A suspension of a person's driver's or commercial	3669
driver's license or permit or nonresident operating privilege	3670
under division (D)(1)(a) of this section for the period of time	3671
described in division (E) or (F) of this section is effective	3672
immediately from the time at which the arresting officer serves	3673
the notice of suspension upon the arrested person. Any subsequent	3674
finding that the person is not guilty of the charge that resulted	3675
in the person being requested to take, or in the person taking,	3676
the chemical test or tests under division (A) of this section	3677
affects the suspension only as described in division (H)(2) of	3678
this section.	3679

(2) If a person is arrested for operating a vehicle while	3680
under the influence of alcohol, a drug of abuse, or alcohol and a	3681
drug of abuse or for operating a vehicle with a prohibited	3682
concentration of alcohol in the blood, breath, or urine and	3683
regardless of whether the person's driver's or commercial driver's	3684
license or permit or nonresident operating privilege is or is not	3685
suspended under division (E) or (F) of this section, the person's	3686
initial appearance on the charge resulting from the arrest shall	3687
be held within five days of the person's arrest or the issuance of	3688
the citation to the person, subject to any continuance granted by	3689
the court pursuant to division (H)(1) of this section regarding	3690
the issues specified in that division.	3691

(H)(1) If a person is arrested for operating a vehicle while	3692
under the influence of alcohol, a drug of abuse, or alcohol and a	3693
drug of abuse or for operating a vehicle with a prohibited	3694
concentration of alcohol in the blood, breath, or urine and if the	3695
person's driver's or commercial driver's license or permit or	3696
nonresident operating privilege is suspended under division (E) or	3697
(F) of this section, the person may appeal the suspension at the	3698
person's initial appearance on the charge resulting from the	3699
arrest in the court in which the person will appear on that	3700
charge. If the person appeals the suspension at the person's	3701
initial appearance, the appeal does not stay the operation of the	3702
suspension. Subject to division (H)(2) of this section, no court	3703
has jurisdiction to grant a stay of a suspension imposed under	3704
division (E) or (F) of this section, and any order issued by any	3705
court that purports to grant a stay of any suspension imposed	3706
under either of those divisions shall not be given administrative	3707
effect.	3708

If the person appeals the suspension at the person's initial	3709
appearance, either the person or the registrar may request a	3710
continuance of the appeal. Either the person or the registrar	3711
shall make the request for a continuance of the appeal at the same	3712
time as the making of the appeal. If either the person or the	3713
registrar requests a continuance of the appeal, the court may	3714
grant the continuance. The court also may continue the appeal on	3715
its own motion. The granting of a continuance applies only to the	3716
conduct of the appeal of the suspension and does not extend the	3717
time within which the initial appearance must be conducted, and	3718
the court shall proceed with all other aspects of the initial	3719
appearance in accordance with its normal procedures. Neither the	3720
request for nor the granting of a continuance stays the operation	3721
of the suspension that is the subject of the appeal.	3722

If the person appeals the suspension at the person's initial	3723
appearance, the scope of the appeal is limited to determining	3724
whether one or more of the following conditions have not been met:	3725

(a) Whether the law enforcement officer had reasonable ground	3726
to believe the arrested person was operating a vehicle upon a	3727
highway or public or private property used by the public for	3728
vehicular travel or parking within this state while under the	3729
influence of alcohol, a drug of abuse, or alcohol and a drug of	3730
abuse or with a prohibited concentration of alcohol in the blood,	3731
breath, or urine and whether the arrested person was in fact	3732
placed under arrest;	3733

(b) Whether the law enforcement officer requested the	3734
arrested person to submit to the chemical test designated pursuant	3735
to division (A) of this section;	3736

(c) Whether the arresting officer informed the arrested	3737
person of the consequences of refusing to be tested or of	3738
submitting to the test;	3739

(d) Whichever of the following is applicable:

3740

(i) Whether the arrested person refused to submit to the	3741
chemical test requested by the officer;	3742

(ii) Whether the chemical test results indicate that the	3743
arrested person's blood contained a concentration of	3744
ten-hundredthseight-hundredths of one per cent or more by weight	3745
of alcohol, the person's breath contained a concentration of	3746
ten-hundredthseight-hundredths of one gram or more by weight of	3747
alcohol per two hundred ten liters of the person's breath, or the	3748
person's urine contained a concentration of fourteen-hundredths	3749
eleven-hundredths of one gram or more by weight of alcohol per one	3750
hundred milliliters of the person's urine at the time of the	3751
alleged offense.	3752

(2) If the person appeals the suspension at the initial	3753
appearance, the judge or referee of the court or the mayor of the	3754
mayor's court shall determine whether one or more of the	3755
conditions specified in divisions (H)(1)(a) to (d) of this section	3756
have not been met. The person who appeals the suspension has the	3757
burden of proving, by a preponderance of the evidence, that one or	3758
more of the specified conditions has not been met. If during the	3759
appeal at the initial appearance the judge or referee of the court	3760
or the mayor of the mayor's court determines that all of those	3761
conditions have been met, the judge, referee, or mayor shall	3762
uphold the suspension, shall continue the suspension, and shall	3763
notify the registrar of the decision on a form approved by the	3764
registrar. Except as otherwise provided in division (H)(2) of this	3765
section, if the suspension is upheld or if the person does not	3766
appeal the suspension at the person's initial appearance under	3767
division (H)(1) of this section, the suspension shall continue	3768
until the complaint alleging the violation for which the person	3769
was arrested and in relation to which the suspension was imposed	3770
is adjudicated on the merits by the judge or referee of the trial	3771
court or by the mayor of the mayor's court. If the suspension was	3772
imposed under division (E) of this section and it is continued	3773
under this division, any subsequent finding that the person is not	3774
guilty of the charge that resulted in the person being requested	3775
to take the chemical test or tests under division (A) of this	3776
section does not terminate or otherwise affect the suspension. If	3777
the suspension was imposed under division (F) of this section and	3778
it is continued under this division, the suspension shall	3779
terminate if, for any reason, the person subsequently is found not	3780
guilty of the charge that resulted in the person taking the	3781
chemical test or tests under division (A) of this section.	3782

If, during the appeal at the initial appearance, the judge or	3783
referee of the trial court or the mayor of the mayor's court	3784
determines that one or more of the conditions specified in	3785
divisions (H)(1)(a) to (d) of this section have not been met, the	3786
judge, referee, or mayor shall terminate the suspension, subject	3787
to the imposition of a new suspension under division (B) of	3788
section 4511.196 of the Revised Code; shall notify the registrar	3789
of the decision on a form approved by the registrar; and, except	3790
as provided in division (B) of section 4511.196 of the Revised	3791
Code, shall order the registrar to return the driver's or	3792
commercial driver's license or permit to the person or to take	3793
such measures as may be necessary, if the license or permit was	3794
destroyed under section 4507.55 of the Revised Code, to permit the	3795
person to obtain a replacement driver's or commercial driver's	3796
license or permit from the registrar or a deputy registrar in	3797
accordance with that section. The court also shall issue to the	3798
person a court order, valid for not more than ten days from the	3799
date of issuance, granting the person operating privileges for	3800
that period of time.	3801

If the person appeals the suspension at the initial	3802
appearance, the registrar shall be represented by the prosecuting	3803
attorney of the county in which the arrest occurred if the initial	3804
appearance is conducted in a juvenile court or county court,	3805
except that if the arrest occurred within a city or village within	3806
the jurisdiction of the county court in which the appeal is	3807
conducted, the city director of law or village solicitor of that	3808
city or village shall represent the registrar. If the appeal is	3809
conducted in a municipal court, the registrar shall be represented	3810
as provided in section 1901.34 of the Revised Code. If the appeal	3811
is conducted in a mayor's court, the registrar shall be	3812
represented by the city director of law, village solicitor, or	3813
other chief legal officer of the municipal corporation that	3814
operates that mayor's court.	3815

(I)(1)(a) A person is not entitled to request, and a court	3816
shall not grant to the person, occupational driving privileges	3817
under division (I)(1) of this section if a person's driver's or	3818
commercial driver's license or permit or nonresident operating	3819
privilege has been suspended pursuant to division (E) of this	3820
section, and the person, within the preceding seven years, has	3821
refused three previous requests to consent to a chemical test of	3822
the person's blood, breath, or urine to determine its alcohol	3823
content or has been convicted of or pleaded guilty to three or	3824
more violations of one or more of the following:	3825

(i) Division (A) or (B) of section 4511.19 of the Revised	3826
Code;	3827

(ii) A municipal ordinance relating to operating a vehicle	3828
while under the influence of alcohol, a drug of abuse, or alcohol	3829
and a drug of abuse;	3830

(iii) A municipal ordinance relating to operating a vehicle	3831
with a prohibited concentration of alcohol in the blood, breath,	3832
or urine;	3833

(iv) Section 2903.04 of the Revised Code in a case in which	3834
the person was subject to the sanctions described in division (D)	3835
of that section;	3836

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	3837
section 2903.08 of the Revised Code or a municipal ordinance that	3838
is substantially similar to either of those divisions;	3839

(vi) Division (A)(2), (3), or (4) of section 2903.06,	3840
division (A)(2) of section 2903.08, or former section 2903.07 of	3841
the Revised Code, or a municipal ordinance that is substantially	3842
similar to any of those divisions or that former section, in a	3843
case in which the jury or judge found that the person was under	3844
the influence of alcohol, a drug of abuse, or alcohol and a drug	3845
of abuse;	3846

(vii) A statute of the United States or of any other state or	3847
a municipal ordinance of a municipal corporation located in any	3848
other state that is substantially similar to division (A) or (B)	3849
of section 4511.19 of the Revised Code.	3850

(b) Any other person who is not described in division	3851
(I)(1)(a) of this section and whose driver's or commercial	3852
driver's license or nonresident operating privilege has been	3853
suspended pursuant to division (E) of this section may file a	3854
petition requesting occupational driving privileges in the common	3855
pleas court, municipal court, county court, mayor's court, or, if	3856
the person is a minor, juvenile court with jurisdiction over the	3857
related criminal or delinquency case. The petition may be filed at	3858
any time subsequent to the date on which the notice of suspension	3859
is served upon the arrested person. The person shall pay the costs	3860
of the proceeding, notify the registrar of the filing of the	3861
petition, and send the registrar a copy of the petition.	3862

In the proceedings, the registrar shall be represented by the	3863
prosecuting attorney of the county in which the arrest occurred if	3864
the petition is filed in the juvenile court, county court, or	3865
common pleas court, except that, if the arrest occurred within a	3866
city or village within the jurisdiction of the county court in	3867
which the petition is filed, the city director of law or village	3868
solicitor of that city or village shall represent the registrar.	3869
If the petition is filed in the municipal court, the registrar	3870
shall be represented as provided in section 1901.34 of the Revised	3871
Code. If the petition is filed in a mayor's court, the registrar	3872
shall be represented by the city director of law, village	3873
solicitor, or other chief legal officer of the municipal	3874
corporation that operates the mayor's court.	3875

The court, if it finds reasonable cause to believe that	3876
suspension would seriously affect the person's ability to continue	3877
in the person's employment, may grant the person occupational	3878
driving privileges during the period of suspension imposed	3879
pursuant to division (E) of this section, subject to the	3880
limitations contained in this division and division (I)(2) of this	3881
section. The court may grant the occupational driving privileges,	3882
subject to the limitations contained in this division and division	3883
(I)(2) of this section, regardless of whether the person appeals	3884
the suspension at the person's initial appearance under division	3885
(H)(1) of this section or appeals the decision of the court made	3886
pursuant to the appeal conducted at the initial appearance, and,	3887
if the person has appealed the suspension or decision, regardless	3888
of whether the matter at issue has been heard or decided by the	3889
court. The court shall not grant occupational driving privileges	3890
for employment as a driver of commercial motor vehicles to any	3891
person who is disqualified from operating a commercial motor	3892
vehicle under section 3123.611 or 4506.16 of the Revised Code or	3893
whose commercial driver's license or commercial driver's temporary	3894
instruction permit has been suspended under section 3123.58 of the	3895
Revised Code.	3896

(2)(a) In granting occupational driving privileges under	3897
division (I)(1) of this section, the court may impose any	3898
condition it considers reasonable and necessary to limit the use	3899
of a vehicle by the person. The court shall deliver to the person	3900
a permit card, in a form to be prescribed by the court, setting	3901
forth the time, place, and other conditions limiting the	3902
defendant's use of a vehicle. The grant of occupational driving	3903
privileges shall be conditioned upon the person's having the	3904
permit in the person's possession at all times during which the	3905
person is operating a vehicle.	3906

A person granted occupational driving privileges who operates	3907
a vehicle for other than occupational purposes, in violation of	3908
any condition imposed by the court, or without having the permit	3909
in the person's possession, is guilty of a violation of section	3910
4507.02 of the Revised Code.	3911

(b) The court may not grant a person occupational driving	3912
privileges under division (I)(1) of this section when prohibited	3913
by a limitation contained in that division or during any of the	3914
following periods of time:	3915

(i) The first thirty days of suspension imposed upon a person	3916
who, within five years of the date on which the person refused the	3917
request to consent to a chemical test of the person's blood,	3918
breath, or urine to determine its alcohol content and for which	3919
refusal the suspension was imposed, had not refused a previous	3920
request to consent to a chemical test of the person's blood,	3921
breath, or urine to determine its alcohol content;	3922

(ii) The first ninety days of suspension imposed upon a	3923
person who, within five years of the date on which the person	3924
refused the request to consent to a chemical test of the person's	3925
blood, breath, or urine to determine its alcohol content and for	3926
which refusal the suspension was imposed, had refused one previous	3927
request to consent to a chemical test of the person's blood,	3928
breath, or urine to determine its alcohol content;	3929

(iii) The first year of suspension imposed upon a person who,	3930
within five years of the date on which the person refused the	3931
request to consent to a chemical test of the person's blood,	3932
breath, or urine to determine its alcohol content and for which	3933
refusal the suspension was imposed, had refused two previous	3934
requests to consent to a chemical test of the person's blood,	3935
breath, or urine to determine its alcohol content;	3936

(iv) The first three years of suspension imposed upon a	3937
person who, within five years of the date on which the person	3938
refused the request to consent to a chemical test of the person's	3939
blood, breath, or urine to determine its alcohol content and for	3940
which refusal the suspension was imposed, had refused three or	3941
more previous requests to consent to a chemical test of the	3942
person's blood, breath, or urine to determine its alcohol content.	3943

(3) The court shall give information in writing of any action	3944
taken under this section to the registrar.	3945

(4) If a person's driver's or commercial driver's license or	3946
permit or nonresident operating privilege has been suspended	3947
pursuant to division (F) of this section, and the person, within	3948
the preceding seven years, has been convicted of or pleaded guilty	3949
to three or more violations of division (A) or (B) of section	3950
4511.19 of the Revised Code, a municipal ordinance relating to	3951
operating a vehicle while under the influence of alcohol, a drug	3952
of abuse, or alcohol and a drug of abuse, a municipal ordinance	3953
relating to operating a vehicle with a prohibited concentration of	3954
alcohol in the blood, breath, or urine, section 2903.04 of the	3955
Revised Code in a case in which the person was subject to the	3956
sanctions described in division (D) of that section, or section	3957
2903.06, 2903.07, or 2903.08 or former section 2903.07 of the	3958
Revised Code or a municipal ordinance that is substantially	3959
similar to former section 2903.07 of the Revised Code in a case in	3960
which the jury or judge found that the person was under the	3961
influence of alcohol, a drug of abuse, or alcohol and a drug of	3962
abuse, or a statute of the United States or of any other state or	3963
a municipal ordinance of a municipal corporation located in any	3964
other state that is substantially similar to division (A) or (B)	3965
of section 4511.19 of the Revised Code, the person is not entitled	3966
to request, and the court shall not grant to the person,	3967
occupational driving privileges under this division. Any other	3968
person whose driver's or commercial driver's license or	3969
nonresident operating privilege has been suspended pursuant to	3970
division (F) of this section may file in the court specified in	3971
division (I)(1)(b) of this section a petition requesting	3972
occupational driving privileges in accordance with section 4507.16	3973
of the Revised Code. The petition may be filed at any time	3974
subsequent to the date on which the arresting officer serves the	3975
notice of suspension upon the arrested person. Upon the making of	3976
the request, occupational driving privileges may be granted in	3977
accordance with section 4507.16 of the Revised Code. The court may	3978
grant the occupational driving privileges, subject to the	3979
limitations contained in section 4507.16 of the Revised Code,	3980
regardless of whether the person appeals the suspension at the	3981
person's initial appearance under division (H)(1) of this section	3982
or appeals the decision of the court made pursuant to the appeal	3983
conducted at the initial appearance, and, if the person has	3984
appealed the suspension or decision, regardless of whether the	3985
matter at issue has been heard or decided by the court.	3986

(J) When it finally has been determined under the procedures	3987
of this section that a nonresident's privilege to operate a	3988
vehicle within this state has been suspended, the registrar shall	3989
give information in writing of the action taken to the motor	3990
vehicle administrator of the state of the person's residence and	3991
of any state in which the person has a license.	3992

(K) A suspension of the driver's or commercial driver's	3993
license or permit of a resident, a suspension of the operating	3994
privilege of a nonresident, or a denial of a driver's or	3995
commercial driver's license or permit pursuant to division (E) or	3996
(F) of this section shall be terminated by the registrar upon	3997
receipt of notice of the person's entering a plea of guilty to, or	3998
of the person's conviction of, operating a vehicle while under the	3999
influence of alcohol, a drug of abuse, or alcohol and a drug of	4000
abuse or with a prohibited concentration of alcohol in the blood,	4001
breath, or urine, if the offense for which the plea is entered or	4002
that resulted in the conviction arose from the same incident that	4003
led to the suspension or denial.	4004

The registrar shall credit against any judicial suspension of	4005
a person's driver's or commercial driver's license or permit or	4006
nonresident operating privilege imposed pursuant to division (B)	4007
or (E) of section 4507.16 of the Revised Code any time during	4008
which the person serves a related suspension imposed pursuant to	4009
division (E) or (F) of this section.	4010

(L) At the end of a suspension period under this section,	4011
section 4511.196, or division (B) of section 4507.16 of the	4012
Revised Code and upon the request of the person whose driver's or	4013
commercial driver's license or permit was suspended and who is not	4014
otherwise subject to suspension, revocation, or disqualification,	4015
the registrar shall return the driver's or commercial driver's	4016
license or permit to the person upon the person's compliance with	4017
all of the conditions specified in divisions (L)(1) and (2) of	4018
this section:	4019

(1) A showing by the person that the person has proof of	4020
financial responsibility, a policy of liability insurance in	4021
effect that meets the minimum standards set forth in section	4022
4509.51 of the Revised Code, or proof, to the satisfaction of the	4023
registrar, that the person is able to respond in damages in an	4024
amount at least equal to the minimum amounts specified in section	4025
4509.51 of the Revised Code.	4026

(2) Subject to the limitation contained in division (L)(3) of	4027
this section, payment by the person of a license reinstatement fee	4028
of four hundred twenty-five dollars to the bureau of motor	4029
vehicles, which fee shall be deposited in the state treasury and	4030
credited as follows:	4031

(a) One hundred twelve dollars and fifty cents shall be	4032
credited to the statewide treatment and prevention fund created by	4033
section 4301.30 of the Revised Code. The fund shall be used to pay	4034
the costs of driver treatment and intervention programs operated	4035
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	4036
director of alcohol and drug addiction services shall determine	4037
the share of the fund that is to be allocated to alcohol and drug	4038
addiction programs authorized by section 3793.02 of the Revised	4039
Code, and the share of the fund that is to be allocated to	4040
drivers' intervention programs authorized by section 3793.10 of	4041
the Revised Code.	4042

(b) Seventy-five dollars shall be credited to the reparations	4043
fund created by section 2743.191 of the Revised Code.	4044

(c) Thirty-seven dollars and fifty cents shall be credited to	4045
the indigent drivers alcohol treatment fund, which is hereby	4046
established. Except as otherwise provided in division (L)(2)(c) of	4047
this section, moneys in the fund shall be distributed by the	4048
department of alcohol and drug addiction services to the county	4049
indigent drivers alcohol treatment funds, the county juvenile	4050
indigent drivers alcohol treatment funds, and the municipal	4051
indigent drivers alcohol treatment funds that are required to be	4052
established by counties and municipal corporations pursuant to	4053
division (N) of this section, and shall be used only to pay the	4054
cost of an alcohol and drug addiction treatment program attended	4055
by an offender or juvenile traffic offender who is ordered to	4056
attend an alcohol and drug addiction treatment program by a	4057
county, juvenile, or municipal court judge and who is determined	4058
by the county, juvenile, or municipal court judge not to have the	4059
means to pay for attendance at the program or to pay the costs	4060
specified in division (N)(4) of this section in accordance with	4061
that division. Moneys in the fund that are not distributed to a	4062
county indigent drivers alcohol treatment fund, a county juvenile	4063
indigent drivers alcohol treatment fund, or a municipal indigent	4064
drivers alcohol treatment fund under division (N) of this section	4065
because the director of alcohol and drug addiction services does	4066
not have the information necessary to identify the county or	4067
municipal corporation where the offender or juvenile offender was	4068
arrested may be transferred by the director of budget and	4069
management to the statewide treatment and prevention fund created	4070
by section 4301.30 of the Revised Code, upon certification of the	4071
amount by the director of alcohol and drug addiction services.	4072

(d) Seventy-five dollars shall be credited to the Ohio	4073
rehabilitation services commission established by section 3304.12	4074
of the Revised Code, to the services for rehabilitation fund,	4075
which is hereby established. The fund shall be used to match	4076
available federal matching funds where appropriate, and for any	4077
other purpose or program of the commission to rehabilitate people	4078
with disabilities to help them become employed and independent.	4079

(e) Seventy-five dollars shall be deposited into the state	4080
treasury and credited to the drug abuse resistance education	4081
programs fund, which is hereby established, to be used by the	4082
attorney general for the purposes specified in division (L)(4) of	4083
this section.	4084

(f) Thirty dollars shall be credited to the state bureau of	4085
motor vehicles fund created by section 4501.25 of the Revised	4086
Code.	4087

(g) Twenty dollars shall be credited to the trauma and	4088
emergency medical services grants fund created by section 4513.263	4089
of the Revised Code.	4090

(3) If a person's driver's or commercial driver's license or	4091
permit is suspended under division (E) or (F) of this section,	4092
section 4511.196, or division (B) of section 4507.16 of the	4093
Revised Code, or any combination of the suspensions described in	4094
division (L)(3) of this section, and if the suspensions arise from	4095
a single incident or a single set of facts and circumstances, the	4096
person is liable for payment of, and shall be required to pay to	4097
the bureau, only one reinstatement fee of four hundred five	4098
dollars. The reinstatement fee shall be distributed by the bureau	4099
in accordance with division (L)(2) of this section.	4100

(4) The attorney general shall use amounts in the drug abuse	4101
resistance education programs fund to award grants to law	4102
enforcement agencies to establish and implement drug abuse	4103
resistance education programs in public schools. Grants awarded to	4104
a law enforcement agency under division (L)(2)(e)(4) of this	4105
section shall be used by the agency to pay for not more than fifty	4106
per cent of the amount of the salaries of law enforcement officers	4107
who conduct drug abuse resistance education programs in public	4108
schools. The attorney general shall not use more than six per cent	4109
of the amounts the attorney general's office receives under	4110
division (L)(2)(e) of this section to pay the costs it incurs in	4111
administering the grant program established by division	4112
(L)(2)(e)(4) of this section and in providing training and	4113
materials relating to drug abuse resistance education programs.	4114

The attorney general shall report to the governor and the	4115
general assembly each fiscal year on the progress made in	4116
establishing and implementing drug abuse resistance education	4117
programs. These reports shall include an evaluation of the	4118
effectiveness of these programs.	4119

(M) Suspension of a commercial driver's license under	4120
division (E) or (F) of this section shall be concurrent with any	4121
period of disqualification under section 3123.611 or 4506.16 of	4122
the Revised Code or any period of suspension under section 3123.58	4123
of the Revised Code. No person who is disqualified for life from	4124
holding a commercial driver's license under section 4506.16 of the	4125
Revised Code shall be issued a driver's license under Chapter	4126
4507. of the Revised Code during the period for which the	4127
commercial driver's license was suspended under division (E) or	4128
(F) of this section, and no person whose commercial driver's	4129
license is suspended under division (E) or (F) of this section	4130
shall be issued a driver's license under that chapter during the	4131
period of the suspension.	4132

(N)(1) Each county shall establish an indigent drivers	4133
alcohol treatment fund, each county shall establish a juvenile	4134
indigent drivers alcohol treatment fund, and each municipal	4135
corporation in which there is a municipal court shall establish an	4136
indigent drivers alcohol treatment fund. All revenue that the	4137
general assembly appropriates to the indigent drivers alcohol	4138
treatment fund for transfer to a county indigent drivers alcohol	4139
treatment fund, a county juvenile indigent drivers alcohol	4140
treatment fund, or a municipal indigent drivers alcohol treatment	4141
fund, all portions of fees that are paid under division (L) of	4142
this section and that are credited under that division to the	4143
indigent drivers alcohol treatment fund in the state treasury for	4144
a county indigent drivers alcohol treatment fund, a county	4145
juvenile indigent drivers alcohol treatment fund, or a municipal	4146
indigent drivers alcohol treatment fund, and all portions of fines	4147
that are specified for deposit into a county or municipal indigent	4148
drivers alcohol treatment fund by section 4511.193 of the Revised	4149
Code shall be deposited into that county indigent drivers alcohol	4150
treatment fund, county juvenile indigent drivers alcohol treatment	4151
fund, or municipal indigent drivers alcohol treatment fund in	4152
accordance with division (N)(2) of this section. Additionally, all	4153
portions of fines that are paid for a violation of section 4511.19	4154
of the Revised Code or division (B)(2) of section 4507.02 of the	4155
Revised Code, and that are required under division (A)(1), (2),	4156
(5), or (6) of section 4511.99 or division (B)(5) of section	4157
4507.99 of the Revised Code to be deposited into a county indigent	4158
drivers alcohol treatment fund or municipal indigent drivers	4159
alcohol treatment fund shall be deposited into the appropriate	4160
fund in accordance with the applicable division.	4161

(2) That portion of the license reinstatement fee that is	4162
paid under division (L) of this section and that is credited under	4163
that division to the indigent drivers alcohol treatment fund shall	4164
be deposited into a county indigent drivers alcohol treatment	4165
fund, a county juvenile indigent drivers alcohol treatment fund,	4166
or a municipal indigent drivers alcohol treatment fund as follows:	4167

(a) If the suspension in question was imposed under this	4168
section, that portion of the fee shall be deposited as follows:	4169

(i) If the fee is paid by a person who was charged in a	4170
county court with the violation that resulted in the suspension,	4171
the portion shall be deposited into the county indigent drivers	4172
alcohol treatment fund under the control of that court;	4173

(ii) If the fee is paid by a person who was charged in a	4174
juvenile court with the violation that resulted in the suspension,	4175
the portion shall be deposited into the county juvenile indigent	4176
drivers alcohol treatment fund established in the county served by	4177
the court;	4178

(iii) If the fee is paid by a person who was charged in a	4179
municipal court with the violation that resulted in the	4180
suspension, the portion shall be deposited into the municipal	4181
indigent drivers alcohol treatment fund under the control of that	4182
court.	4183

(b) If the suspension in question was imposed under division	4184
(B) of section 4507.16 of the Revised Code, that portion of the	4185
fee shall be deposited as follows:	4186

(i) If the fee is paid by a person whose license or permit	4187
was suspended by a county court, the portion shall be deposited	4188
into the county indigent drivers alcohol treatment fund under the	4189
control of that court;	4190

(ii) If the fee is paid by a person whose license or permit	4191
was suspended by a municipal court, the portion shall be deposited	4192
into the municipal indigent drivers alcohol treatment fund under	4193
the control of that court.	4194

(3) Expenditures from a county indigent drivers alcohol	4195
treatment fund, a county juvenile indigent drivers alcohol	4196
treatment fund, or a municipal indigent drivers alcohol treatment	4197
fund shall be made only upon the order of a county, juvenile, or	4198
municipal court judge and only for payment of the cost of the	4199
attendance at an alcohol and drug addiction treatment program of a	4200
person who is convicted of, or found to be a juvenile traffic	4201
offender by reason of, a violation of division (A) of section	4202
4511.19 of the Revised Code or a substantially similar municipal	4203
ordinance, who is ordered by the court to attend the alcohol and	4204
drug addiction treatment program, and who is determined by the	4205
court to be unable to pay the cost of attendance at the treatment	4206
program or for payment of the costs specified in division (N)(4)	4207
of this section in accordance with that division. The alcohol and	4208
drug addiction services board or the board of alcohol, drug	4209
addiction, and mental health services established pursuant to	4210
section 340.02 or 340.021 of the Revised Code and serving the	4211
alcohol, drug addiction, and mental health service district in	4212
which the court is located shall administer the indigent drivers	4213
alcohol treatment program of the court. When a court orders an	4214
offender or juvenile traffic offender to attend an alcohol and	4215
drug addiction treatment program, the board shall determine which	4216
program is suitable to meet the needs of the offender or juvenile	4217
traffic offender, and when a suitable program is located and space	4218
is available at the program, the offender or juvenile traffic	4219
offender shall attend the program designated by the board. A	4220
reasonable amount not to exceed five per cent of the amounts	4221
credited to and deposited into the county indigent drivers alcohol	4222
treatment fund, the county juvenile indigent drivers alcohol	4223
treatment fund, or the municipal indigent drivers alcohol	4224
treatment fund serving every court whose program is administered	4225
by that board shall be paid to the board to cover the costs it	4226
incurs in administering those indigent drivers alcohol treatment	4227
programs.	4228

(4) If a county, juvenile, or municipal court determines, in	4229
consultation with the alcohol and drug addiction services board or	4230
the board of alcohol, drug addiction, and mental health services	4231
established pursuant to section 340.02 or 340.021 of the Revised	4232
Code and serving the alcohol, drug addiction, and mental health	4233
district in which the court is located, that the funds in the	4234
county indigent drivers alcohol treatment fund, the county	4235
juvenile indigent drivers alcohol treatment fund, or the municipal	4236
indigent drivers alcohol treatment fund under the control of the	4237
court are more than sufficient to satisfy the purpose for which	4238
the fund was established, as specified in divisions (N)(1) to (3)	4239
of this section, the court may declare a surplus in the fund. If	4240
the court declares a surplus in the fund, the court may expend the	4241
amount of the surplus in the fund for alcohol and drug abuse	4242
assessment and treatment of persons who are charged in the court	4243
with committing a criminal offense or with being a delinquent	4244
child or juvenile traffic offender and in relation to whom both of	4245
the following apply:	4246

(a) The court determines that substance abuse was a	4247
contributing factor leading to the criminal or delinquent activity	4248
or the juvenile traffic offense with which the person is charged.	4249

(b) The court determines that the person is unable to pay the	4250
cost of the alcohol and drug abuse assessment and treatment for	4251
which the surplus money will be used.	4252

Sec. 4511.197.  (A) If a person is arrested for operating a	4253
vehicle, streetcar, or trackless trolley in violation of division	4254
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4255
OVI ordinance or for being in physical control of a vehicle,	4256
streetcar, or trackless trolley in violation of section 4511.194	4257
of the Revised Code and if the person's driver's or commercial	4258
driver's license or permit or nonresident operating privilege is	4259
suspended under section 4511.191 of the Revised Code, the person	4260
may appeal the suspension at the person's initial appearance on	4261
the charge resulting from the arrest or within the period ending	4262
thirty days after the person's initial appearance on that charge,	4263
in the court in which the person will appear on that charge. If	4264
the person appeals the suspension, the appeal itself does not stay	4265
the operation of the suspension. If the person appeals the	4266
suspension, either the person or the registrar of motor vehicles	4267
may request a continuance of the appeal, and the court may grant	4268
the continuance. The court also may continue the appeal on its own	4269
motion. Neither the request for, nor the granting of, a	4270
continuance stays the suspension that is the subject of the	4271
appeal, unless the court specifically grants a stay.	4272

(B) A person shall file an appeal under division (A) of this	4273
section in the municipal court, county court, juvenile court,	4274
mayor's court, or court of common pleas that has jurisdiction over	4275
the charge in relation to which the person was arrested.	4276

(C) If a person appeals a suspension under division (A) of	4277
this section, the scope of the appeal is limited to determining	4278
whether one or more of the following conditions have not been met:	4279

(1) Whether the arresting law enforcement officer had	4280
reasonable ground to believe the arrested person was operating a	4281
vehicle, streetcar, or trackless trolley in violation of division	4282
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4283
OVI ordinance or was in physical control of a vehicle, streetcar,	4284
or trackless trolley in violation of section 4511.194 of the	4285
Revised Code and whether the arrested person was in fact placed	4286
under arrest;	4287

(2) Whether the law enforcement officer requested the	4288
arrested person to submit to the chemical test or tests designated	4289
pursuant to division (A) of section 4511.191 of the Revised Code;	4290

(3) Whether the arresting officer informed the arrested	4291
person of the consequences of refusing to be tested or of	4292
submitting to the test or tests;	4293

(4) Whichever of the following is applicable:

4294

(a) Whether the arrested person refused to submit to the	4295
chemical test or tests requested by the officer;	4296

(b) Whether the arrest was for a violation of division (A) or	4297
(B) of section 4511.19 of the Revised Code or a municipal OVI	4298
ordinance and, if it was, whether the chemical test results	4299
indicate that the arrested person's whole blood contained a	4300
concentration of ten-hundredthseight-hundredths of one per cent	4301
or more by weight of alcohol, the person's blood serum or plasma	4302
contained a concentration of twelve-hundredths	4303
ninety-six-thousandths of one per cent or more by weight of	4304
alcohol, the person's breath contained a concentration of	4305
ten-hundredthseight-hundredths of one gram or more by weight of	4306
alcohol per two hundred ten liters of the person's breath, or the	4307
person's urine contained a concentration of fourteen-hundredths	4308
eleven-hundredths of one gram or more by weight of alcohol per one	4309
hundred milliliters of the person's urine at the time of the	4310
alleged offense.	4311

(D) A person who appeals a suspension under division (A) of	4312
this section has the burden of proving, by a preponderance of the	4313
evidence, that one or more of the conditions specified in division	4314
(C) of this section has not been met. If, during the appeal, the	4315
judge or magistrate of the court or the mayor of the mayor's court	4316
determines that all of those conditions have been met, the judge,	4317
magistrate, or mayor shall uphold the suspension, continue the	4318
suspension, and notify the registrar of motor vehicles of the	4319
decision on a form approved by the registrar.	4320

Except as otherwise provided in this section, if a suspension	4321
imposed under section 4511.191 of the Revised Code is upheld on	4322
appeal or if the subject person does not appeal the suspension	4323
under division (A) of this section, the suspension shall continue	4324
until the complaint alleging the violation for which the person	4325
was arrested and in relation to which the suspension was imposed	4326
is adjudicated on the merits or terminated pursuant to law. If the	4327
suspension was imposed under division (B)(1) of section 4511.191	4328
of the Revised Code and it is continued under this section, any	4329
subsequent finding that the person is not guilty of the charge	4330
that resulted in the person being requested to take the chemical	4331
test or tests under division (A) of section 4511.191 of the	4332
Revised Code does not terminate or otherwise affect the	4333
suspension. If the suspension was imposed under division (C) of	4334
section 4511.191 of the Revised Code in relation to an alleged	4335
misdemeanor violation of division (A) or (B) of section 4511.19 of	4336
the Revised Code or of a municipal OVI ordinance and it is	4337
continued under this section, the suspension shall terminate if,	4338
for any reason, the person subsequently is found not guilty of the	4339
charge that resulted in the person taking the chemical test or	4340
tests.	4341

If, during the appeal, the judge or magistrate of the trial	4342
court or the mayor of the mayor's court determines that one or	4343
more of the conditions specified in division (C) of this section	4344
have not been met, the judge, magistrate, or mayor shall terminate	4345
the suspension, subject to the imposition of a new suspension	4346
under division (B) of section 4511.196 of the Revised Code; shall	4347
notify the registrar of motor vehicles of the decision on a form	4348
approved by the registrar; and, except as provided in division (B)	4349
of section 4511.196 of the Revised Code, shall order the registrar	4350
to return the driver's or commercial driver's license or permit to	4351
the person or to take any other measures that may be necessary, if	4352
the license or permit was destroyed under section 4510.53 of the	4353
Revised Code, to permit the person to obtain a replacement	4354
driver's or commercial driver's license or permit from the	4355
registrar or a deputy registrar in accordance with that section.	4356
The court also shall issue to the person a court order, valid for	4357
not more than ten days from the date of issuance, granting the	4358
person operating privileges for that period.	4359

(E) Any person whose driver's or commercial driver's license	4360
or permit or nonresident operating privilege has been suspended	4361
pursuant to section 4511.191 of the Revised Code may file a	4362
petition requesting limited driving privileges in the common pleas	4363
court, municipal court, county court, mayor's court, or juvenile	4364
court with jurisdiction over the related criminal or delinquency	4365
case. The petition may be filed at any time subsequent to the date	4366
on which the arresting law enforcement officer serves the notice	4367
of suspension upon the arrested person but no later than thirty	4368
days after the arrested person's initial appearance or	4369
arraignment. Upon the making of the request, limited driving	4370
privileges may be granted under sections 4510.021 and 4510.13 of	4371
the Revised Code, regardless of whether the person appeals the	4372
suspension under this section or appeals the decision of the court	4373
on the appeal, and, if the person has so appealed the suspension	4374
or decision, regardless of whether the matter has been heard or	4375
decided by the court. The person shall pay the costs of the	4376
proceeding, notify the registrar of the filing of the petition,	4377
and send the registrar a copy of the petition.	4378

The court may not grant the person limited driving privileges	4379
when prohibited by section 4510.13 or 4511.191 of the Revised	4380
Code.	4381

(F) Any person whose driver's or commercial driver's license	4382
or permit has been suspended under section 4511.19 of the Revised	4383
Code or under section 4510.07 of the Revised Code for a conviction	4384
of a municipal OVI offense and who desires to retain the license	4385
or permit during the pendency of an appeal, at the time sentence	4386
is pronounced, shall notify the court of record or mayor's court	4387
that suspended the license or permit of the person's intention to	4388
appeal. If the person so notifies the court, the court, mayor, or	4389
clerk of the court shall retain the license or permit until the	4390
appeal is perfected, and, if execution of sentence is stayed, the	4391
license or permit shall be returned to the person to be held by	4392
the person during the pendency of the appeal. If the appeal is not	4393
perfected or is dismissed or terminated in an affirmance of the	4394
conviction, then the license or permit shall be taken up by the	4395
court, mayor, or clerk, at the time of putting the sentence into	4396
execution, and the court shall proceed in the same manner as if no	4397
appeal was taken.	4398

(G) Except as otherwise provided in this division, if a	4399
person whose driver's or commercial driver's license or permit or	4400
nonresident operating privilege was suspended under section	4401
4511.191 of the Revised Code appeals the suspension under division	4402
(A) of this section, the prosecuting attorney of the county in	4403
which the arrest occurred shall represent the registrar of motor	4404
vehicles in the appeal. If the arrest occurred within a municipal	4405
corporation within the jurisdiction of the court in which the	4406
appeal is conducted, the city director of law, village solicitor,	4407
or other chief legal officer of that municipal corporation shall	4408
represent the registrar. If the appeal is conducted in a municipal	4409
court, the registrar shall be represented as provided in section	4410
1901.34 of the Revised Code. If the appeal is conducted in a	4411
mayor's court, the city director of law, village solicitor, or	4412
other chief legal officer of the municipal corporation that	4413
operates that mayor's court shall represent the registrar.	4414

(H) The court shall give information in writing of any action	4415
taken under this section to the registrar of motor vehicles.	4416

(I) When it finally has been determined under the procedures	4417
of this section that a nonresident's privilege to operate a	4418
vehicle within this state has been suspended, the registrar of	4419
motor vehicles shall give information in writing of the action	4420
taken to the motor vehicle administrator of the state of the	4421
nonresident's residence and of any state in which the nonresident	4422
has a license.	4423

Sec. 4513.111.  (A)(1) Every multi-wheel agricultural tractor	4424
whose model year was 2001 or earlier, when being operated or	4425
traveling on a street or highway at the times specified in section	4426
4513.03 of the Revised Code, at a minimum shall be equipped with	4427
and display reflectors and illuminated amber lamps so that the	4428
extreme left and right projections of the tractor are indicated by	4429
flashing lamps displaying amber light, visible to the front and	4430
the rear, by amber reflectors, all visible to the front, and by	4431
red reflectors, all visible to the rear.	4432

(2) The lamps displaying amber light need not flash	4433
simultaneously and need not flash in conjunction with any	4434
directional signals of the tractor.	4435

(3) The lamps and reflectors required by division (A)(1) of	4436
this section and their placement shall meet standards and	4437
specifications contained in rules adopted by the director of	4438
public safety in accordance with Chapter 119. of the Revised Code.	4439
The rules governing the amber lamps, amber reflectors, and red	4440
reflectors and their placement shall correlate with and, as far as	4441
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	4442
respectively of the American society of agricultural engineers	4443
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	4444
agricultural equipment on highways.	4445

(B) Every unit of farm machinery whose model year was 2002 or	4446
later, when being operated or traveling on a street or highway at	4447
the times specified in section 4513.03 of the Revised Code, shall	4448
be equipped with and display markings and illuminated lamps that	4449
meet or exceed the lighting, illumination, and marking standards	4450
and specifications that are applicable to that type of farm	4451
machinery for the unit's model year specified in the American	4452
society of agricultural engineers standard ANSI/ASAE S279.10 OCT98	4453
S279.11 APR01, lighting and marking of agricultural equipment on	4454
highways, or any subsequent revisions of that standard.	4455

(C) The lights and reflectors required by division (A) of	4456
this section are in addition to the slow-moving vehicle emblem and	4457
lights required or permitted by section 4513.11 or 4513.17 of the	4458
Revised Code to be displayed on farm machinery being operated or	4459
traveling on a street or highway.	4460

(D) No person shall operate any unit of farm machinery on a	4461
street or highway or cause any unit of farm machinery to travel on	4462
a street or highway in violation of division (A) or (B) of this	4463
section.	4464

Sec. 4513.52.  (A) The department of public safety, with the	4465
advice of the public utilities commission, shall adopt and enforce	4466
rules relating to the inspection of buses to determine whether a	4467
bus is safe and lawful, including whether its equipment is in	4468
proper adjustment or repair.	4469

(B) The rules shall determine the safety features, items of	4470
equipment, and other safety-related conditions subject to	4471
inspection. The rules may authorize the state highway patrol to	4472
operate safety inspection sites, or to enter in or upon the	4473
property of any bus operator to conduct the safety inspections, or	4474
both. The rules also shall establish a fee, not to exceed onetwo	4475
hundred dollars, for each bus inspected.	4476

(C) The state highway patrol shall conduct the bus safety	4477
inspections at least on an annual basis. An inspection conducted	4478
under this section is valid for twelve months unless, prior to	4479
that time, the bus fails a subsequent inspection or ownership of	4480
the bus is transferred.	4481

(D) The state highway patrol shall collect a fee for each bus	4482
inspected.	4483

(E) Upon determining that a bus is in safe operating	4484
condition, that its equipment is in proper adjustment and repair,	4485
and that it is otherwise lawful, the inspecting officer shall do	4486
both of the following:	4487

(1) Affix an official safety inspection decal to the outside	4488
surface of each side of the bus;	4489

(2) Issue the owner or operator of the bus a safety	4490
inspection report, to be presented to the registrar or a deputy	4491
registrar upon application for registration of the bus.	4492

Sec. 4513.53.  (A) The superintendent of the state highway	4493
patrol, with approval of the director of public safety, may	4494
appoint and maintain necessary staff to carry out the inspection	4495
of buses.	4496

(B) The superintendent of the state highway patrol shall	4497
adopt a distinctive annual safety inspection decal bearing the	4498
date of inspection. The state highway patrol may remove any decal	4499
from a bus that fails any inspection.	4500

(C) Fees collected by the state highway patrol shall be paid	4501
into the state treasury to the credit of the general revenue fund.	4502
Annually by the first day of June, the director of public safety	4503
shall determine the amount of fees collected under section 4513.52	4504
of the Revised Code and shall certify the amount to the director	4505
of budget and management for reimbursement. The director of budget	4506
and management then may transfer cash up to the amount certified	4507
from the general revenue fund to the state highway safety fund.	4508

Sec. 4921.02.  As used in sections 4921.01 to 4921.32 of the	4509
Revised Code:	4510

(A) "Motor transportation company," or "common carrier by	4511
motor vehicle," includes every corporation, company, association,	4512
joint-stock association, person, firm, or copartnership, and their	4513
lessees, legal or personal representatives, trustees, and	4514
receivers or trustees appointed by any court, when engaged or	4515
proposing to engage in the business of transporting persons or	4516
property, or the business of providing or furnishing such	4517
transportation service, for hire, whether directly or by lease or	4518
other arrangement, for the public in general, in or by	4519
motor-propelled vehicles of any kind, including trailers, over any	4520
public highway in this state. All laws regulating the business of	4521
motor transportation, their context notwithstanding, apply to such	4522
motor transportation company or common carrier by motor vehicle.	4523
"Motor transportation company," as so used, does not include any	4524
person, firm, copartnership, voluntary association, joint-stock	4525
association, company, or corporation, wherever organized or	4526
incorporated:	4527

(1) Engaged or proposing to engage as a private motor carrier	4528
as defined by section 4923.02 of the Revised Code;	4529

(2) Insofar as they own, control, operate, or manage motor	4530
vehicles used for the transportation of property, operated	4531
exclusively within the territorial limits of a municipal	4532
corporation, or within such limits and the territorial limits of	4533
municipal corporations immediately contiguous to such municipal	4534
corporation;	4535

(3) Insofar as they are engaged in the transportation of	4536
persons in taxicabs in the usual taxicab service;	4537

(4) Engaged in the transportation of pupils in school busses	4538
operating to or from school sessions or school events;	4539

(5) Engaged in the transportation of farm supplies to the	4540
farm or farm products from farm to market or to food fabricating	4541
plants;	4542

(6) Engaged in the distribution of newspapers;

4543

(7) Engaged in the transportation of crude petroleum	4544
incidental to gathering from wells and delivery to destination by	4545
pipe line;	4546

(8) Engaged in the towing of disabled or wrecked motor	4547
vehicles;	4548

(9) Engaged in the transportation of injured, ill, or	4549
deceased persons by hearse or ambulance;	4550

(10)(9) Engaged in the transportation of compost (a	4551
combination of manure and sand or shredded bark mulch) or shredded	4552
bark mulch;	4553

(11)(10) Engaged in the transportation of persons in a	4554
ridesharing arrangement when any fee charged each person so	4555
transported is in such amount as to recover only the person's	4556
share of the costs of operating the motor vehicle for such	4557
purpose.	4558

(B) "Trailer" means any vehicle without motive power designed	4559
or used for carrying property or persons and for being drawn by a	4560
separate motor-propelled vehicle, including any vehicle of the	4561
trailer type, whether designed or used for carrying property or	4562
persons wholly on its own structure, or so designed or used that a	4563
part of its own weight or the weight of its load rests upon and is	4564
carried by such motor-propelled vehicle.	4565

(C) "Public highway" means any public street, road, or	4566
highway in this state, whether within or without the corporate	4567
limits of a municipal corporation.	4568

(D) "Fixed termini" refers to the points between which any	4569
motor transportation company usually or ordinarily operates,	4570
provides, or proposes to operate or provide motor transportation	4571
service.	4572

(E) "Regular route" refers to that portion of the public	4573
highway over which any motor transportation company usually or	4574
ordinarily operates, provides, or proposes to operate or provide	4575
motor transportation service.	4576

(F) "Irregular route" refers to that portion of the public	4577
highway over which is conducted or provided any other operation of	4578
any motor vehicle by a motor transportation company transporting	4579
property.	4580

(G) "Ridesharing arrangement" means the transportation of	4581
persons in a motor vehicle where such transportation is incidental	4582
to another purpose of a volunteer driver, and includes ridesharing	4583
arrangements known as carpools, vanpools, and buspools.	4584

Whether or not any motor-propelled vehicle is operated or	4585
such transportation service is provided or furnished by such motor	4586
transportation company, between fixed termini or over a regular	4587
route, or over an irregular route, or whether or not a	4588
corporation, company, association, joint-stock association,	4589
person, firm, or copartnership, or their lessees, trustees, or	4590
receivers or trustees appointed by any court, is engaged as a	4591
motor transportation company, are questions of fact. The finding	4592
of the public utilities commission on such questions is a final	4593
order which may be reviewed as provided in section 4921.17 of the	4594
Revised Code. The commission has jurisdiction to receive, hear,	4595
and determine such questions upon complaint of any party, or upon	4596
its own motion, upon not less than fifteen days' notice of the	4597
time and place of such hearing and of the matter to be heard.	4598

Sec. 4921.30. Any person, firm, copartnership, voluntary	4599
association, joint-stock association, company, or corporation,	4600
wherever organized or incorporated, that is engaged in the towing	4601
of motor vehicles is subject to regulation by the public utilities	4602
commission as a for-hire motor carrier under this chapter. Such an	4603
entity is not subject to any ordinance, rule, or resolution of a	4604
municipal corporation, county, or township that provides for the	4605
licensing, registering, or regulation of entities that tow motor	4606
vehicles.	4607

Sec. 5501.20.  (A) As used in this section:

4608

(1) "Career professional service" means that part of the	4609
competitive classified service that consists of employees of the	4610
department of transportation who, regardless of job	4611
classification, meet both of the following qualifications:	4612

(a) They are supervisors, professional employees who are not	4613
in a collective bargaining unit, confidential employees, or	4614
management level employees, all as defined in section 4117.01 of	4615
the Revised Code.	4616

(b) They exercise authority that is not merely routine or	4617
clerical in nature and report only to a higher level unclassified	4618
employee or employee in the career professional service.	4619

(2) "Demoted" means that an employee is placed in a position	4620
where the employee's wage rate equals, or is not more than twenty	4621
per cent less than, the employee's wage rate immediately prior to	4622
demotion or where the employee's job responsibilities are reduced,	4623
or both.	4624

(3) "Employee in the career professional service with	4625
restoration rights" means an employee in the career professional	4626
service who has been in the classified civil service for at least	4627
two years and who has a cumulative total of at least ten years of	4628
continuous service with the department of transportation.	4629

(B) Not later than the first day of July of each odd-numbered	4630
year, the director of transportation shall adopt a rule in	4631
accordance with section 111.15 of the Revised Code that	4632
establishes a business plan for the department of transportation	4633
that states the department's mission, business objectives, and	4634
strategies and that establishes a procedure by which employees in	4635
the career professional service will be held accountable for their	4636
performance. The director shall adopt a rule that establishes a	4637
business plan for the department only once in each two years.	4638
Within sixty days after the effective date of a rule that	4639
establishes a business plan for the department, the director shall	4640
adopt a rule in accordance with section 111.15 of the Revised Code	4641
that identifies specific positions within the department of	4642
transportation that are included in the career professional	4643
service. The director may amend the rule that identifies the	4644
specific positions included in the career professional service	4645
whenever the director determines necessary. Any rule adopted under	4646
this division is subject to review and invalidation by the joint	4647
committee on agency rule review as provided in division (D) of	4648
section 111.15 of the Revised Code. The director shall provide a	4649
copy of any rule adopted under this division to the director of	4650
budget and management.	4651

Except as otherwise provided in this section, an employee in	4652
the career professional service is subject to the provisions of	4653
Chapter 124. of the Revised Code that govern employees in the	4654
classified civil service.	4655

(C) After an employee is appointed to a position in the	4656
career professional service, the employee's direct supervisor	4657
shall provide the employee appointed to that position with a	4658
written performance action plan that describes the department's	4659
expectations for that employee in fulfilling the mission, business	4660
objectives, and strategies stated in the department's business	4661
plan. No sooner than four months after being appointed to a	4662
position in the career professional service, an employee appointed	4663
to that position shall receive a written performance review based	4664
on the employee's fulfillment of the mission, business objectives,	4665
and strategies stated in the department's business plan. After the	4666
initial performance review, the employee shall receive a written	4667
performance review at least once each year or as often as the	4668
director considers necessary. The department shall give an	4669
employee whose performance is unsatisfactory an opportunity to	4670
improve performance for a period of at least six months, by means	4671
of a written corrective action plan, before the department takes	4672
any disciplinary action under this section or section 124.34 of	4673
the Revised Code. The department shall base its performance review	4674
forms on its business plan.	4675

(D) An employee in the career professional service may be	4676
suspended, demoted, or removed because of performance that hinders	4677
or restricts the fulfillment of the department's business plan or	4678
for disciplinary reasons under section 124.34 or 124.57 of the	4679
Revised Code. An employee in the career professional service may	4680
appeal only the employee's removal to the state personnel board of	4681
review. An employee in the career professional service may appeal	4682
a demotion or a suspension of more than three days pursuant to	4683
rules the director adopts in accordance with section 111.15 of the	4684
Revised Code.	4685

(E) An employee in the career professional service with	4686
restoration rights has restoration rights if demoted because of	4687
performance that hinders or restricts fulfillment of the mission,	4688
business objectives, or strategies stated in the department's	4689
business plan, but not if involuntarily demoted or removed for any	4690
of the reasons described in section 124.34 or for a violation of	4691
section 124.57 of the Revised Code. The director shall demote an	4692
employee who has restoration rights of that nature to a position	4693
in the classified service that in the director's judgment is	4694
similar in nature to the position the employee held immediately	4695
prior to being appointed to the position in the career	4696
professional service. The director shall assign to an employee who	4697
is demoted to a position in the classified service as provided in	4698
this division a wage rate that equals, or that is not more than	4699
twenty per cent less than, the wage rate assigned to the employee	4700
in the career professional service immediately prior to the	4701
employee's demotion.	4702

(F) This section establishes a pilot program for employees in	4703
the career professional service of the department of	4704
transportation. At the end of each fiscal biennium that this	4705
program is in effect, the director of transportation shall prepare	4706
a report describing and evaluating the operation of the program	4707
and forward a copy of the report to the governor, director of	4708
administrative services, speaker of the house of representatives,	4709
and president of the senate.	4710

(G) No person shall be appointed to a position in the career	4711
professional service of the Department of Transportation after	4712
June 30, 2003, including for the purpose of filling a vacancy	4713
within the career professional service that occurs for any reason.	4714

Sec. 5501.34.  (A) In the event thatIf circumstances alter	4715
the highway requirements after the director of transportation has	4716
acquired property so that the real property, or part thereof,of	4717
the real property is no longer required for highway purposes, the	4718
director, in the name of the state, may sell all the right, title,	4719
and interest of the state in any of the real property. After	4720
determining that a parcel of real property is no longer required	4721
for highway purposes, the director shall have the parcel appraised	4722
by a department prequalified appraiser.	4723

(B) Except as otherwise provided in this section, the	4724
director shall advertise the sale of real property that is no	4725
longer required for highway purposes in a newspaper of general	4726
circulation in the county in which the real property is situated	4727
for at least two consecutive weeks prior to the date set for the	4728
sale. The real property may be sold at public auction to the	4729
highest bidder for not less than two-thirds of its appraised	4730
value, but the director may reject all bids that are less than the	4731
full appraised value of the real property. However, if no sale has	4732
been effected after an effort to sell under this division, the	4733
director may set aside the appraisal, order a new appraisal, and,	4734
except as otherwise provided in this section, readvertise the	4735
property for sale.	4736

(C) If real property no longer required for highway purposes	4737
is appraised or reappraised as having a current fair market value	4738
of twenty thousand dollars or less, the director may sell the real	4739
property to the sole abutting owner through a private sale at a	4740
price not less than the appraised value. If there is more than one	4741
abutting owner, the director may invite all of the abutting owners	4742
to submit sealed bids and may sell the real property to the	4743
highest bidder at not less than its appraised value.	4744

(D) If real property no longer required for highway purposes	4745
is appraised or reappraised as having a fair market value of two	4746
thousand dollars or less, and no sale has been effected after an	4747
effort to sell to the abutting owner or owners, the director may	4748
advertise the sale of suchthe real property in accordance with	4749
division (B) of this section. The director may sell the land at	4750
public auction to the highest bidder without regard to its	4751
appraised value, but the director may reject all bids that are	4752
less than the full appraised value of the real property.	4753

(E) The department shall pay all expenses incurred in the	4754
sale of a parcel of real property out of the proceeds of the sale	4755
and shall deposit the balance of the proceeds in the highway fund	4756
used to acquire that parcel of real property.	4757

(F) Upon a determination that real property previously	4758
acquired within a highway improvement project corridor no longer	4759
is needed for highway purposes, the director may offer the	4760
unneeded property to another landowner located within that	4761
project's corridor as full or partial consideration for other real	4762
property to be acquired from the landowner. If the landowner	4763
accepts the offer, the director shall convey the unneeded property	4764
directly to the landowner at the full fair market value determined	4765
by the department by appraisal. The director shall credit the	4766
value of the unneeded property against the acquisition price of	4767
the property being acquired by the department, and the landowner	4768
shall pay the department the difference if the value of the	4769
unneeded property exceeds the acquisition price of the property	4770
being acquired.	4771

(G) Conveyances of real property under this section shall be	4772
by a deed executed by the governor, shall bearbearing the great	4773
seal of the state of Ohio, and shall be in the form as prescribed	4774
by the attorney general. Section 5301.13 of the Revised Code,	4775
relating to the sale of public lands, shall not apply to	4776
conveyances made pursuant to this section. The director shall keep	4777
a record of all such conveyances of real property made under this	4778
section. This section applies to all real property acquired by the	4779
department, regardless of how or from whom the property was	4780
acquired.	4781

Sec. 5501.45.  (A) The director of transportation may convey	4782
or transfer the fee simple estate or any lesser estate or interest	4783
in, or permit the use of, for such period as the director shall	4784
determine, any lands owned by the state and acquired or used for	4785
the state highway system or for highways or in connection with	4786
highways or as incidental to the acquisition of land for highways,	4787
provided that the director determines, after consulting with the	4788
director of natural resources, that the property or interest	4789
conveyed or made subject to a permit to use is not needed by the	4790
state for highway or recreation purposes. Such conveyance,	4791
transfer, or permit to use may be to the grantee or permittee or	4792
to the grantee or permittee and the grantee's or its successors	4793
and assigns and shall be of such portion of such lands as the	4794
director shall determine, which shall be described in the deed,	4795
transfer, or other instrument or conveyance and in any permit to	4796
use, and may include or be limited to areas or space on, above, or	4797
below the surface, and also may include the grant of easements or	4798
other interests in any such lands for use by the grantee for	4799
buildings or structures or for other uses and purposes, and for	4800
the support of buildings or structures constructed or to be	4801
constructed on or in the lands or areas or space conveyed or made	4802
subject to a permit to use.	4803

(B) Whenever pursuant to this section separate units of	4804
property are created in any lands, each unit shall for all	4805
purposes constitute real property and shall be deemed real estate	4806
within the meaning of all provisions of the Revised Code, shall be	4807
deemed to be a separate parcel for all purposes of taxation and	4808
assessment of real property, and no other unit or other part of	4809
such lands shall be charged with the payment of such taxes and	4810
assessments.	4811

(C) With respect to any portion of the state highway system	4812
not owned in fee simple by the state, the director may permit the	4813
use of any portion thereof in perpetuity or for such period of	4814
time as the director shall specify, including areas or space on,	4815
above, or beneath the surface, together with rights for the	4816
support of buildings or structures constructed or to be	4817
constructed thereon or therein, provided that the director	4818
determines that the portion made subject to a right to use is not	4819
needed by the state for highway purposes.	4820

(D) The director shall require, as either a condition	4821
precedent or a condition subsequent to any conveyance, transfer,	4822
or grant or permit to use, that the plans and specifications for	4823
all such buildings or structures and the contemplated use thereof,	4824
be approved by the director as not interfering with the use of the	4825
state highway system and not unduly endangering the public. The	4826
director may require such indemnity agreements in favor of the	4827
director and the public as shall be lawful and as shall be deemed	4828
necessary by the director. The director shall not unreasonably	4829
withhold approval of such plans, specifications, and contemplated	4830
use.	4831

(E)(1) All such conveyances, transfers, grants, or permits to	4832
use that are made to state institutions, agencies, commissions,	4833
instrumentalities, political subdivisions, or taxing districts of	4834
the state, andto institutions receiving financial assistance from	4835
the state, or to the federal government shall be upon such	4836
consideration as shall be determined by the director to be fair	4837
and reasonable, without competitive bidding, and sections.	4838
Conveyances of real property under this section shall be by deed	4839
executed by the director and shall be in the form prescribed by	4840
the attorney general. Sections 5301.13 and 5515.01 of the Revised	4841
Code, relating to the sale or use of public lands, shall not apply	4842
to conveyances, grants, transfers, or permits to use made pursuant	4843
to this division. An institution receiving financial assistance	4844
from the state shall provide the director with acceptable	4845
documentary evidence of the state loan, grant, or other state	4846
financial assistance. The director shall keep a record of all such	4847
conveyances.	4848

(2) As used in this division, "institution receiving	4849
financial assistance from the state" includes any public or	4850
private organization, especially one of a charitable, civic, or	4851
educational character, in receipt of a state loan, grant, or other	4852
type of state financial assistance.	4853

(F) Except as provided in division (E) of this section, all	4854
conveyances, grants, or permits to use that are made to private	4855
persons, firms, or corporations shall be conducted in accordance	4856
with the procedure set forth in section 5501.311 or 5501.34 of the	4857
Revised Code, as applicable.	4858

(G) In any case where the director has acquired or acquires,	4859
for the state highway system, easements in or permits to use areas	4860
or space on, above, or below the surface, the director may	4861
extinguish them in whole or in part or subordinate them to uses by	4862
others, provided that the director determines that the easements	4863
or permit to use so extinguished or subordinated are not needed by	4864
the state for highway purposes. The director shall make any	4865
extinguishments to the current underlying fee owner of record at	4866
no cost.	4867

(H) No conveyance, transfer, easement, lease, permit, or	4868
other instrument executed pursuant to the authorization given by	4869
this section shall prejudice any right, title, or interest in any	4870
lands affected thereby which at the date thereof existed in any	4871
person, firm, or corporation, other than the state and other than	4872
members of the general public having no specific rights in said	4873
lands, unless the right, title, or interest was expressly subject	4874
to the right of the state to make such conveyance or transfer,	4875
grant such right, or execute such instrument, and unless the state	4876
by such instrument expressly exercises such right, nor shall any	4877
public utility be required to move or relocate any of its	4878
facilities that may be located in or on the areas described in any	4879
such conveyance, transfer, easement, lease, permit, or other	4880
instrument.	4881

Sec. 5501.53. (A) Any organization, individual, or group of	4882
individuals may give to the state or to any county or township by	4883
way of private contribution money to pay the expenses the state or	4884
county or township incurs in maintaining, repairing, or	4885
reconstructing highways and roads upon which animal-drawn vehicles	4886
travel.	4887

(1) All money the state receives under this division shall be	4888
credited to the highway operating fund created by section 5735.291	4889
of the Revised Code to be expended by the department of	4890
transportation as described in this division. If money is	4891
contributed to the state under this section, the donor may direct	4892
that the contribution be used to pay the maintenance, repair, or	4893
reconstruction expenses of a particular state highway or portion	4894
of state highway by specifically designating that state highway or	4895
portion thereof at the time of the contribution, and the	4896
department shall so expend the contribution. If the donor does not	4897
make such a designation, the department shall use the contribution	4898
to pay the maintenance, repair, or reconstruction expenses of a	4899
portion of state highway located within the county in which the	4900
donor resides or in which the organization maintains property and	4901
upon which animal-drawn vehicles regularly travel. The department	4902
may accumulate contributions designated for a particular highway	4903
until such time as the contributions can be expended in a	4904
meaningful manner.	4905

(2) If a donor contributes money to a county or township, the	4906
donor is not permitted to make any specific road or highway	4907
designation. However, the county or township shall expend all	4908
contributions received under this section to maintain, repair, or	4909
reconstruct any road located within the county or township upon	4910
which animal-drawn vehicles travel. A county or township may	4911
accumulate contributions received under this section until such	4912
time as the contributions can be expended in a meaningful manner.	4913

(B) Not later than the first day of April of every year, the	4914
department and every county and township that receives money under	4915
this section shall issue a written report detailing the amount of	4916
money the state, county, or township received under this section	4917
during the previous calendar year; the amount of money expended	4918
during the previous calendar year pursuant to this section; the	4919
amount of money received under this section but not expended	4920
during the previous calendar year; the highway or road projects	4921
for which the expenditures were made; and any other relevant data.	4922

Sec. 5502.02.  All expenditures for the operation	4923
administration and maintenance ofenforcement of motor vehicle and	4924
traffic laws by the department of public safety shall be paid out	4925
of moneys derived from fees, excises, or license taxes relating to	4926
registration, operation, or use of vehicles on public highways or	4927
to fuels used for propelling such vehicles as provided in Section	4928
5a of Article XII, Ohio Constitution.	4929

Sec. 5502.39. There is hereby created in the state treasury	4930
the emergency management agency service and reimbursement fund.	4931
The fund shall consist of money collected under sections 5502.21	4932
to 5502.38 of the Revised Code. All money in the fund shall be	4933
used to pay the costs of administering programs of the emergency	4934
management agency.	4935

Sec. 5517.011. (A)(1) Notwithstanding section 5517.01 of the	4936
Revised Code, the director of transportation may establish a pilot	4937
program to expedite the sale and construction of no more than six	4938
special projects by combining the design and construction elements	4939
of a highway or bridge project into a single contract. The	4940
director shall prepare and distribute a scope of work document	4941
upon which the bidders shall base their bids. Except in regard to	4942
those requirements relating to providing plans, the director shall	4943
award contracts under this section in accordance with section	4944
5525.01Chapter 5525. of the Revised Code.	4945

(2) On or before December 31, 2002, the director shall	4946
prepare and submit to the general assembly a report evaluating the	4947
experience of the department of transportation with each project	4948
under this division and contract under division (B) of this	4949
section, including whether the department realized any cost or	4950
time savings. Regarding those projects and contracts, the report	4951
shall include a discussion of the number and cost of change	4952
orders, the quality of work performed, the number of bids	4953
received, the impact on minority and female contract	4954
participation, and other issues the director considers	4955
appropriate. The director also may make recommendations regarding	4956
the continuation of the program, including the need for any	4957
changes.	4958

(3) After completion of the sixth project, no projects shall	4959
be commenced under this division unless the general assembly	4960
either approves additional projects to further study the	4961
effectiveness of the procedures or makes the program permanent.	4962

(B) In addition to the six projects under division (A) of	4963
this section, during the period beginning July 1, 1999, and ending	4964
June 30, 2001, and also during the period beginning July 1, 2001,	4965
and ending June 30, 2003, the director may expand the pilot	4966
program to more contracts combining the design and construction	4967
elements of highway or bridge projects. For each biennium, the	4968
total dollar value of contracts made under this divisionsection	4969
shall not exceed two hundred fifty million dollars. The director	4970
may seek either bids or technical proposals for contracts under	4971
this division.	4972

(1) When the director determines to award a single contract	4973
for a design-build project under this division through the receipt	4974
of bids, except for those requirements relating to providing	4975
plans, the director shall award contracts in accordance with	4976
Chapter 5525. of the Revised Code. When the director determines to	4977
award a single contract for a design-build project under this	4978
division through the receipt of technical proposals, the director	4979
shall advertise and select the design-build team using a	4980
value-based selection process combining technical qualifications	4981
and competitive bidding elements.	4982

(2) If the director elects to utilize the competitive bid	4983
option for design-build projects, the director shall prepare and	4984
distribute a scope of work document upon which the bidders shall	4985
base their bids.	4986

(3)(a) If the director elects to utilize a value-based	4987
selection process for design-build projects through the receipt of	4988
technical proposals, the director shall restrict usage of this	4989
method to no more than eighty-five million dollars and no more	4990
than two projects, whose per-project estimate must exceed twenty	4991
million dollars. The director shall prepare conceptual documents	4992
for review by interested parties, accept letters of interest, and	4993
select the three most qualified design-build teams to submit a	4994
technical proposal.	4995

The criteria for selecting the three finalists shall include	4996
the qualifications and experience of the design-build team,	4997
including the proposed personnel to be utilized and general	4998
proposed project approach. The schedule of activities and	4999
financial resources of the design-build team also shall be factors	5000
in the selection process. In addition, the director shall take	5001
into consideration the design-build team's affirmative action	5002
policies and record with regard to employees and subcontracts.	5003

(b) After the director selects the three finalists, the	5004
finalists shall prepare both a technical proposal and a price	5005
proposal. The technical proposal shall state the finalist's	5006
qualifications and experience, including prior performance by the	5007
design-build team on similar projects, the identity of the members	5008
of each team, and a detailed project approach and schedule. The	5009
technical proposal also may include innovative design and	5010
construction techniques, aesthetics, environmental protection, a	5011
maintenance of traffic plan, and the type and duration of warranty	5012
coverage. The finalists shall submit the price proposal separately	5013
as requested by the director.	5014

The director first shall review the submitted technical	5015
proposals and ascribe a numerical score to each proposal. The	5016
technical numerical scores shall be equated to a percentage	5017
adjustment to be applied to the finalists' price proposals, using	5018
a predetermined schedule of adjustment made known to the finalists	5019
at the time of advertising. In no case shall the technical	5020
proposal rating exceed twenty-five per cent of the value-based	5021
technical and price selection criteria. The director shall reserve	5022
the right to consider a technical proposal as being nonresponsive,	5023
thereby eliminating that finalist from further consideration.	5024

Upon completion of the rating of technical proposals, the	5025
director shall apply to the price proposals the percentage	5026
adjustments predetermined from the numerical scores assigned to	5027
the technical proposals. Unless all proposals are rejected, the	5028
director shall select the finalist with the lowest adjusted price.	5029
The adjusted price shall be used for selection only. The contract	5030
shall be based on the price proposal as submitted.	5031

The department shall compensate each responsive finalist not	5032
selected in an amount generally equal to one-fourth of one per	5033
cent of the unadjusted price proposal amount submitted by the	5034
selected finalist or by an amount the director establishes at the	5035
time of advertising. The proposals of the two unsuccessful	5036
finalists shall become the property of the director unless an	5037
unsuccessful finalist elects to waive the compensation. The	5038
director shall return the proposal of any unsuccessful finalist	5039
who waives the compensation.	5040

Sec. 5517.02. (A) Before undertaking the construction,	5041
improvement, maintenance, or repair of a state highway, or a	5042
bridge or culvert thereon, or the installation, maintenance, or	5043
repair of a traffic control signal on a state highway, the	5044
director of transportation shall make an estimate of the cost of	5045
the work, which estimate shall include labor, material, freight,	5046
fuel, use of equipment, and all other items of cost and expense	5047
using the force account project assessment form developed by the	5048
auditor of state under section 117.16 of the Revised Code. In	5049
constructing, improving, maintaining, and repairing state	5050
highways, and the bridges and culverts thereon, and in installing,	5051
maintaining, and repairing traffic control signals on state	5052
highways, the director, except as provided in division (B) of this	5053
section, shall proceed by contract let to the lowest competent and	5054
responsible bidder, after advertisement as provided in section	5055
5525.01 of the Revised Code.	5056

The above provision relating to the performance of work by	5057
contract applies to all construction and reconstruction, except in	5058
the case of a bridge or culvert, or the installation of a traffic	5059
control signal, estimated to cost not more than twenty thousand	5060
dollars.(B)(1) Where the work contemplated is the construction of	5061
a bridge or culvert, or the installation of a traffic control	5062
signal, estimated to cost not more than twentyfifty thousand	5063
dollars, the director may proceed by employing labor, purchasing	5064
materials, and furnishing equipment.	5065

(2) The director may also proceed with maintenance or repair	5066
work by employing labor, purchasing materials, and furnishing	5067
equipment, provided the total estimated cost of the completed	5068
operation, or series of connected operations, does not exceed ten	5069
twenty-five thousand dollars per mile of highway, exclusive of	5070
structures and traffic control signals, or twentyfifty thousand	5071
dollars for any single structure or traffic control signal. The	5072

(3) The director may proceed by furnishing equipment,	5073
purchasing materials, and employing labor in the erection of	5074
temporary bridges or the making of temporary repairs to a highway	5075
or bridge rendered necessary by flood, landslide, or other	5076
extraordinary emergency. If the director determines that he is	5077
unableinability to complete such emergency work by force account,	5078
then hethe director may contract for any part of the work, with	5079
or without advertising for bids, as hethe director considers for	5080
the best interest of the department of transportation.	5081

Sec. 5525.20.  (A) Subject to division (B) of this section,	5082
the director of transportation may include incentive and	5083
disincentive provisions in contracts hethe director executes for	5084
projects or portions or phases of projects that involve any of the	5085
following:	5086

(1) A major bridge out of service;

5087

(2) A lengthy detour;

5088

(3) Excessive disruption to traffic;

5089

(4) A significant impact on public safety;

5090

(5) A link that completes a segment of a highway.

5091

(B) No such provisions shall be included in any particular	5092
contract without the prior consent of the municipal corporation,	5093
or, if outside a municipal corporation and off the state highway	5094
system, the prior consent of the board of county commissioners of	5095
the county, in which the bridge, detour, disruption, impact, or	5096
link will be located or occur.	5097

(C) If the director decides to include incentive and	5098
disincentive provisions in such contracts, hethe director shall	5099
make those provisions part of the bid proposal issued by himthe	5100
director pursuant to this chapter and shall also adopt rules, in	5101
accordance with Chapter 119. of the Revised Code, governing the	5102
formulation and use of those provisions. The rules shall be	5103
equivalent in scope, content, and coverage to the regulations the	5104
federal highway administrator issues concerning the use of such	5105
provisions in state contracts.	5106

As used in this section, "incentive and disincentive	5107
provisions" means provisions under which the contractor would be	5108
compensated a certain amount of money for each day specified	5109
critical work is completed ahead of schedule or under which hethe	5110
contractor would be assessed a deduction for each day the	5111
specified critical work is completed behind schedule. The director	5112
also may elect to compensate the contractor in the form of a lump	5113
sum incentive for completing critical work ahead of schedule.	5114

Sec. 5531.10.  (A) As used in this chapter:

5115

(1) "Bond proceedings" means the resolution, order, trust	5116
agreement, indenture, lease, lease-purchase agreements, and other	5117
agreements, amendments and supplements to the foregoing, or any	5118
one or more or combination thereof, authorizing or providing for	5119
the terms and conditions applicable to, or providing for the	5120
security or liquidity of, obligations issued pursuant to this	5121
section, and the provisions contained in such obligations.	5122

(2) "Bond service charges" means principal, including	5123
mandatory sinking fund requirements for retirement of obligations,	5124
and interest, and redemption premium, if any, required to be paid	5125
by the state on obligations.	5126

(3) "Bond service fund" means the applicable fund and	5127
accounts therein created for and pledged to the payment of bond	5128
service charges, which may be, or may be part of, the state	5129
infrastructure bank revenue bond service fund created by division	5130
(R) of this section including all moneys and investments, and	5131
earnings from investments, credited and to be credited thereto.	5132

(4) "Issuing authority" means the treasurer of state, or the	5133
officer who by law performs the functions of the treasurer of	5134
state.	5135

(5) "Obligations" means bonds, notes, or other evidence of	5136
obligation including interest coupons pertaining thereto, issued	5137
pursuant to this section.	5138

(6) "Pledged receipts" means moneys accruing to the state	5139
from the lease, lease-purchase, sale, or other disposition, or	5140
use, of qualified projects, and from the repayment, including	5141
interest, of loans made from proceeds received from the sale of	5142
obligations; accrued interest received from the sale of	5143
obligations; income from the investment of the special funds; any	5144
gifts, grants, donations, and pledges, and receipts therefrom,	5145
available for the payment of bond service charges; and any amounts	5146
in the state infrastructure bank pledged to the payment of such	5147
charges. If the amounts in the state infrastructure bank are	5148
insufficient for the payment of such charges, "pledged receipts"	5149
also means moneys that are apportioned by the United States	5150
secretary of transportation under United States Code, Title XXIII,	5151
as amended, or any successor legislation, or under any other	5152
federal law relating to aid for highways, and that are to be	5153
received as a grant by the state, to the extent the state is not	5154
prohibited by state or federal law from using such moneys and the	5155
moneys are pledged to the payment of such bond service charges.	5156

(7) "Special funds" or "funds" means, except where the	5157
context does not permit, the bond service fund, and any other	5158
funds, including reserve funds, created under the bond	5159
proceedings, and the state infrastructure bank revenue bond	5160
service fund created by division (R) of this section to the extent	5161
provided in the bond proceedings, including all moneys and	5162
investments, and earnings from investment, credited and to be	5163
credited thereto.	5164

(8) "State infrastructure project" means any public	5165
transportation project undertaken by the state, including, but not	5166
limited to, all components of any such project, as described in	5167
division (D) of section 5131.09 of the Revised Code.	5168

(B) The issuing authority, after giving written notice to the	5169
director of budget and management and upon the certification by	5170
the director of transportation to the issuing authority of the	5171
amount of moneys or additional moneys needed either for state	5172
infrastructure projects or to provide financial assistance for any	5173
of the purposes for which the state infrastructure bank may be	5174
used under section 5531.09 of the Revised Code, or needed for	5175
capitalized interest, funding reserves, and paying costs and	5176
expenses incurred in connection with the issuance, carrying,	5177
securing, paying, redeeming, or retirement of the obligations or	5178
any obligations refunded thereby, including payment of costs and	5179
expenses relating to letters of credit, lines of credit,	5180
insurance, put agreements, standby purchase agreements, indexing,	5181
marketing, remarketing and administrative arrangements, interest	5182
swap or hedging agreements, and any other credit enhancement,	5183
liquidity, remarketing, renewal, or refunding arrangements, all of	5184
which are authorized by this section, shall issue obligations of	5185
the state under this section in the required amount. The proceeds	5186
of such obligations, except for the portion to be deposited in	5187
special funds, including reserve funds, as may be provided in the	5188
bond proceedings, shall as provided in the bond proceedings be	5189
credited to the infrastructure bank obligations fund of the state	5190
infrastructure bank created by section 5531.09 of the Revised	5191
Code. The issuing authority may appoint trustees, paying agents,	5192
transfer agents, and authenticating agents, and may retain the	5193
services of financial advisors, accounting experts, and attorneys,	5194
and retain or contract for the services of marketing, remarketing,	5195
indexing, and administrative agents, other consultants, and	5196
independent contractors, including printing services, as are	5197
necessary in the issuing authority's judgment to carry out this	5198
section. The costs of such services are payable from funds of the	5199
state infrastructure bank.	5200

(C) The holders or owners of such obligations shall have no	5201
right to have moneys raised by taxation by the state of Ohio	5202
obligated or pledged, and moneys so raised shall not be obligated	5203
or pledged, for the payment of bond service charges. The right of	5204
such holders and owners to the payment of bond service charges is	5205
limited to all or that portion of the pledged receipts and those	5206
special funds pledged thereto pursuant to the bond proceedings for	5207
such obligations in accordance with this section, and each such	5208
obligation shall bear on its face a statement to that effect.	5209

(D) Obligations shall be authorized by order of the issuing	5210
authority and the bond proceedings shall provide for the purpose	5211
thereof and the principal amount or amounts, and shall provide for	5212
or authorize the manner or agency for determining the principal	5213
maturity or maturities, not exceeding twenty-five years from the	5214
date of issuance, the interest rate or rates or the maximum	5215
interest rate, the date of the obligations and the dates of	5216
payment of interest thereon, their denomination, and the	5217
establishment within or without the state of a place or places of	5218
payment of bond service charges. Sections 9.98 to 9.983 of the	5219
Revised Code are applicable to obligations issued under this	5220
section. The purpose of such obligations may be stated in the bond	5221
proceedings in terms describing the general purpose or purposes to	5222
be served. The bond proceedings also shall provide, subject to the	5223
provisions of any other applicable bond proceedings, for the	5224
pledge of all, or such part as the issuing authority may	5225
determine, of the pledged receipts and the applicable special fund	5226
or funds to the payment of bond service charges, which pledges may	5227
be made either prior or subordinate to other expenses, claims, or	5228
payments, and may be made to secure the obligations on a parity	5229
with obligations theretofore or thereafter issued, if and to the	5230
extent provided in the bond proceedings. The pledged receipts and	5231
special funds so pledged and thereafter received by the state	5232
immediately are subject to the lien of such pledge without any	5233
physical delivery thereof or further act, and the lien of any such	5234
pledges is valid and binding against all parties having claims of	5235
any kind against the state or any governmental agency of the	5236
state, irrespective of whether such parties have notice thereof,	5237
and shall create a perfected security interest for all purposes of	5238
Chapter 1309. of the Revised Code, without the necessity for	5239
separation or delivery of funds or for the filing or recording of	5240
the bond proceedings by which such pledge is created or any	5241
certificate, statement, or other document with respect thereto;	5242
and the pledge of such pledged receipts and special funds is	5243
effective and the money therefrom and thereof may be applied to	5244
the purposes for which pledged without necessity for any act of	5245
appropriation. Every pledge, and every covenant and agreement made	5246
with respect thereto, made in the bond proceedings may therein be	5247
extended to the benefit of the owners and holders of obligations	5248
authorized by this section, and to any trustee therefor, for the	5249
further security of the payment of the bond service charges.	5250

(E) The bond proceedings may contain additional provisions as	5251
to:	5252

(1) The redemption of obligations prior to maturity at the	5253
option of the issuing authority at such price or prices and under	5254
such terms and conditions as are provided in the bond proceedings;	5255

(2) Other terms of the obligations;

5256

(3) Limitations on the issuance of additional obligations;

5257

(4) The terms of any trust agreement or indenture securing	5258
the obligations or under which the same may be issued;	5259

(5) The deposit, investment, and application of special	5260
funds, and the safeguarding of moneys on hand or on deposit,	5261
without regard to Chapter 131. or 135. of the Revised Code, but	5262
subject to any special provisions of this section with respect to	5263
particular funds or moneys, provided that any bank or trust	5264
company which acts as depository of any moneys in the special	5265
funds may furnish such indemnifying bonds or may pledge such	5266
securities as required by the issuing authority;	5267

(6) Any or every provision of the bond proceedings being	5268
binding upon such officer, board, commission, authority, agency,	5269
department, or other person or body as may from time to time have	5270
the authority under law to take such actions as may be necessary	5271
to perform all or any part of the duty required by such provision;	5272

(7) Any provision that may be made in a trust agreement or	5273
indenture;	5274

(8) Any other or additional agreements with the holders of	5275
the obligations, or the trustee therefor, relating to the	5276
obligations or the security therefor, including the assignment of	5277
mortgages or other security relating to financial assistance for	5278
qualified projects under section 5531.09 of the Revised Code.	5279

(F) The obligations may have the great seal of the state or a	5280
facsimile thereof affixed thereto or printed thereon. The	5281
obligations and any coupons pertaining to obligations shall be	5282
signed or bear the facsimile signature of the issuing authority.	5283
Any obligations or coupons may be executed by the person who, on	5284
the date of execution, is the proper issuing authority although on	5285
the date of such bonds or coupons such person was not the issuing	5286
authority. In case the issuing authority whose signature or a	5287
facsimile of whose signature appears on any such obligation or	5288
coupon ceases to be the issuing authority before delivery thereof,	5289
such signature or facsimile nevertheless is valid and sufficient	5290
for all purposes as if the former issuing authority had remained	5291
the issuing authority until such delivery; and in case the seal to	5292
be affixed to obligations has been changed after a facsimile of	5293
the seal has been imprinted on such obligations, such facsimile	5294
seal shall continue to be sufficient as to such obligations and	5295
obligations issued in substitution or exchange therefor.	5296

(G) All obligations are negotiable instruments and securities	5297
under Chapter 1308. of the Revised Code, subject to the provisions	5298
of the bond proceedings as to registration. The obligations may be	5299
issued in coupon or in registered form, or both, as the issuing	5300
authority determines. Provision may be made for the registration	5301
of any obligations with coupons attached thereto as to principal	5302
alone or as to both principal and interest, their exchange for	5303
obligations so registered, and for the conversion or reconversion	5304
into obligations with coupons attached thereto of any obligations	5305
registered as to both principal and interest, and for reasonable	5306
charges for such registration, exchange, conversion, and	5307
reconversion.	5308

(H) Obligations may be sold at public sale or at private	5309
sale, as determined in the bond proceedings.	5310

(I) Pending preparation of definitive obligations, the	5311
issuing authority may issue interim receipts or certificates which	5312
shall be exchanged for such definitive obligations.	5313

(J) In the discretion of the issuing authority, obligations	5314
may be secured additionally by a trust agreement or indenture	5315
between the issuing authority and a corporate trustee which may be	5316
any trust company or bank having its principal place of business	5317
within the state. Any such agreement or indenture may contain the	5318
order authorizing the issuance of the obligations, any provisions	5319
that may be contained in any bond proceedings, and other	5320
provisions which are customary or appropriate in an agreement or	5321
indenture of such type, including, but not limited to:	5322

(1) Maintenance of each pledge, trust agreement, indenture,	5323
or other instrument comprising part of the bond proceedings until	5324
the state has fully paid the bond service charges on the	5325
obligations secured thereby, or provision therefor has been made;	5326

(2) In the event of default in any payments required to be	5327
made by the bond proceedings, or any other agreement of the	5328
issuing authority made as a part of the contract under which the	5329
obligations were issued, enforcement of such payments or agreement	5330
by mandamus, the appointment of a receiver, suit in equity, action	5331
at law, or any combination of the foregoing;	5332

(3) The rights and remedies of the holders of obligations and	5333
of the trustee, and provisions for protecting and enforcing them,	5334
including limitations on the rights of individual holders of	5335
obligations;	5336

(4) The replacement of any obligations that become mutilated	5337
or are destroyed, lost, or stolen;	5338

(5) Such other provisions as the trustee and the issuing	5339
authority agree upon, including limitations, conditions, or	5340
qualifications relating to any of the foregoing.	5341

(K) Any holder of obligations or a trustee under the bond	5342
proceedings, except to the extent that the holder's or trustee's	5343
rights are restricted by the bond proceedings, may by any suitable	5344
form of legal proceedings, protect and enforce any rights under	5345
the laws of this state or granted by such bond proceedings. Such	5346
rights include the right to compel the performance of all duties	5347
of the issuing authority and the director of transportation	5348
required by the bond proceedings or sections 5531.09 and 5531.10	5349
of the Revised Code; to enjoin unlawful activities; and in the	5350
event of default with respect to the payment of any bond service	5351
charges on any obligations or in the performance of any covenant	5352
or agreement on the part of the issuing authority or the director	5353
of transportation in the bond proceedings, to apply to a court	5354
having jurisdiction of the cause to appoint a receiver to receive	5355
and administer the pledged receipts and special funds, other than	5356
those in the custody of the treasurer of state, which are pledged	5357
to the payment of the bond service charges on such obligations or	5358
which are the subject of the covenant or agreement, with full	5359
power to pay, and to provide for payment of bond service charges	5360
on, such obligations, and with such powers, subject to the	5361
direction of the court, as are accorded receivers in general	5362
equity cases, excluding any power to pledge additional revenues or	5363
receipts or other income or moneys of the state or local	5364
governmental entities, or agencies thereof, to the payment of such	5365
principal and interest and excluding the power to take possession	5366
of, mortgage, or cause the sale or otherwise dispose of any	5367
project facilities.	5368

Each duty of the issuing authority and the issuing	5369
authority's officers and employees, and of each state or local	5370
governmental agency and its officers, members, or employees,	5371
undertaken pursuant to the bond proceedings or any loan, loan	5372
guarantee, lease, lease-purchase agreement, or other agreement	5373
made under authority of section 5531.09 of the Revised Code, and	5374
in every agreement by or with the issuing authority, is hereby	5375
established as a duty of the issuing authority, and of each such	5376
officer, member, or employee having authority to perform such	5377
duty, specifically enjoined by the law resulting from an office,	5378
trust, or station within the meaning of section 2731.01 of the	5379
Revised Code.	5380

The person who is at the time the issuing authority, or the	5381
issuing authority's officers or employees, are not liable in their	5382
personal capacities on any obligations issued by the issuing	5383
authority or any agreements of or with the issuing authority.	5384

(L) The issuing authority may authorize and issue obligations	5385
for the refunding, including funding and retirement, and advance	5386
refunding with or without payment or redemption prior to maturity,	5387
of any obligations previously issued by the issuing authority.	5388
Such obligations may be issued in amounts sufficient for payment	5389
of the principal amount of the prior obligations, any redemption	5390
premiums thereon, principal maturities of any such obligations	5391
maturing prior to the redemption of the remaining obligations on a	5392
parity therewith, interest accrued or to accrue to the maturity	5393
dates or dates of redemption of such obligations, and any expenses	5394
incurred or to be incurred in connection with such issuance and	5395
such refunding, funding, and retirement. Subject to the bond	5396
proceedings therefor, the portion of proceeds of the sale of	5397
obligations issued under this division to be applied to bond	5398
service charges on the prior obligations shall be credited to an	5399
appropriate account held by the trustee for such prior or new	5400
obligations or to the appropriate account in the bond service fund	5401
for such obligations. Obligations authorized under this division	5402
shall be deemed to be issued for those purposes for which such	5403
prior obligations were issued and are subject to the provisions of	5404
this section pertaining to other obligations, except as otherwise	5405
provided in this section. The last maturity of obligations	5406
authorized under this division shall not be later than twenty-five	5407
years from the date of issuance of the original securities issued	5408
for the original purpose.	5409

(M) The authority to issue obligations under this section	5410
includes authority to issue obligations in the form of bond	5411
anticipation notes and to renew the same from time to time by the	5412
issuance of new notes. The holders of such notes or interest	5413
coupons pertaining thereto shall have a right to be paid solely	5414
from the pledged receipts and special funds that may be pledged to	5415
the payment of the bonds anticipated, or from the proceeds of such	5416
bonds or renewal notes, or both, as the issuing authority provides	5417
in the order authorizing such notes. Such notes may be	5418
additionally secured by covenants of the issuing authority to the	5419
effect that the issuing authority and the state will do such or	5420
all things necessary for the issuance of such bonds or renewal	5421
notes in the appropriate amount, and apply the proceeds thereof to	5422
the extent necessary, to make full payment of the principal of and	5423
interest on such notes at the time or times contemplated, as	5424
provided in such order. For such purpose, the issuing authority	5425
may issue bonds or renewal notes in such principal amount and upon	5426
such terms as may be necessary to provide funds to pay when	5427
required the principal of and interest on such notes,	5428
notwithstanding any limitations prescribed by or for purposes of	5429
this section. Subject to this division, all provisions for and	5430
references to obligations in this section are applicable to notes	5431
authorized under this division.	5432

The issuing authority in the bond proceedings authorizing the	5433
issuance of bond anticipation notes shall set forth for such bonds	5434
an estimated interest rate and a schedule of principal payments	5435
for such bonds and the annual maturity dates thereof.	5436

(N) Obligations issued under this section are lawful	5437
investments for banks, societies for savings, savings and loan	5438
associations, deposit guarantee associations, trust companies,	5439
trustees, fiduciaries, insurance companies, including domestic for	5440
life and domestic not for life, trustees or other officers having	5441
charge of sinking and bond retirement or other special funds of	5442
political subdivisions and taxing districts of this state, the	5443
commissioners of the sinking fund of the state, the administrator	5444
of workers' compensation in accordance with the investment policy	5445
established by the workers' compensation oversight commission	5446
pursuant to section 4121.12 of the Revised Code, the state	5447
teachers retirement system, the public employees retirement	5448
system, the school employees retirement system, and the Ohio	5449
police and fire pension fund, notwithstanding any other provisions	5450
of the Revised Code or rules adopted pursuant thereto by any	5451
agency of the state with respect to investments by them, and are	5452
also acceptable as security for the deposit of public moneys.	5453

(O) Unless otherwise provided in any applicable bond	5454
proceedings, moneys to the credit of or in the special funds	5455
established by or pursuant to this section may be invested by or	5456
on behalf of the issuing authority only in notes, bonds, or other	5457
obligations of the United States, or of any agency or	5458
instrumentality of the United States, obligations guaranteed as to	5459
principal and interest by the United States, obligations of this	5460
state or any political subdivision of this state, and certificates	5461
of deposit of any national bank located in this state and any	5462
bank, as defined in section 1101.01 of the Revised Code, subject	5463
to inspection by the superintendent of financial institutions. If	5464
the law or the instrument creating a trust pursuant to division	5465
(J) of this section expressly permits investment in direct	5466
obligations of the United States or an agency of the United	5467
States, unless expressly prohibited by the instrument, such moneys	5468
also may be invested in no-front-end-load money market mutual	5469
funds consisting exclusively of obligations of the United States	5470
or an agency of the United States and in repurchase agreements,	5471
including those issued by the fiduciary itself, secured by	5472
obligations of the United States or an agency of the United	5473
States; and in collective investment funds as defined in division	5474
(A) of section 1111.01 of the Revised Code and consisting	5475
exclusively of any such securities. The income from such	5476
investments shall be credited to such funds as the issuing	5477
authority determines, and such investments may be sold at such	5478
times as the issuing authority determines or authorizes.	5479

(P) Provision may be made in the applicable bond proceedings	5480
for the establishment of separate accounts in the bond service	5481
fund and for the application of such accounts only to the	5482
specified bond service charges on obligations pertinent to such	5483
accounts and bond service fund and for other accounts therein	5484
within the general purposes of such fund. Unless otherwise	5485
provided in any applicable bond proceedings, moneys to the credit	5486
of or in the several special funds established pursuant to this	5487
section shall be disbursed on the order of the treasurer of state,	5488
provided that no such order is required for the payment from the	5489
bond service fund when due of bond service charges on obligations.	5490

(Q)(1) The issuing authority may pledge all, or such portion	5491
as the issuing authority determines, of the pledged receipts to	5492
the payment of bond service charges on obligations issued under	5493
this section, and for the establishment and maintenance of any	5494
reserves, as provided in the bond proceedings, and make other	5495
provisions therein with respect to pledged receipts as authorized	5496
by this chapter, which provisions are controlling notwithstanding	5497
any other provisions of law pertaining thereto.	5498

(2) An action taken under division (Q)(2) of this section	5499
does not limit the generality of division (Q)(1) of this section,	5500
and is subject to division (C) of this section and, if and to the	5501
extent otherwise applicable, Section 13 of Article VIII, Ohio	5502
Constitution. The bond proceedings may contain a covenant that, in	5503
the event the pledged receipts primarily pledged and required to	5504
be used for the payment of bond service charges on obligations	5505
issued under this section, and for the establishment and	5506
maintenance of any reserves, as provided in the bond proceedings,	5507
are insufficient to make any such payment in full when due, or to	5508
maintain any such reserve, the director of transportation shall so	5509
notify the governor, and shall determine to what extent, if any,	5510
the payment may be made or moneys may be restored to the reserves	5511
from lawfully available moneys previously appropriated for that	5512
purpose to the department of transportation. The covenant also may	5513
provide that if the payments are not made or the moneys are not	5514
immediately and fully restored to the reserves from such moneys,	5515
the director shall promptly submit to the governor and to the	5516
director of budget and management a written request for either or	5517
both of the following:	5518

(a) That the next biennial budget submitted by the governor	5519
to the general assembly include an amount to be appropriated from	5520
lawfully available moneys to the department for the purpose of and	5521
sufficient for the payment in full of bond service charges	5522
previously due and for the full replenishment of the reserves;	5523

(b) That the general assembly be requested to increase	5524
appropriations from lawfully available moneys for the department	5525
in the current biennium sufficient for the purpose of and for the	5526
payment in full of bond service charges previously due and to come	5527
due in the biennium and for the full replenishment of the	5528
reserves.	5529

The director of transportation shall include with such	5530
requests a recommendation that the payment of the bond service	5531
charges and the replenishment of the reserves be made in the	5532
interest of maximizing the benefits of the state infrastructure	5533
bank. Any such covenant shall not obligate or purport to obligate	5534
the state to pay the bond service charges on such bonds or notes	5535
or to deposit moneys in a reserve established for such payments	5536
other than from moneys that may be lawfully available and	5537
appropriated for that purpose during the then-current biennium.	5538

(R) There is hereby created the state infrastructure bank	5539
revenue bond service fund, which shall be in the custody of the	5540
treasurer of state but shall not be a part of the state treasury.	5541
All moneys received by or on account of the issuing authority or	5542
state agencies and required by the applicable bond proceedings,	5543
consistent with this section, to be deposited, transferred, or	5544
credited to the bond service fund, and all other moneys	5545
transferred or allocated to or received for the purposes of the	5546
fund, shall be deposited and credited to such fund and to any	5547
separate accounts therein, subject to applicable provisions of the	5548
bond proceedings, but without necessity for any act of	5549
appropriation. The state infrastructure bank revenue bond service	5550
fund is a trust fund and is hereby pledged to the payment of bond	5551
service charges to the extent provided in the applicable bond	5552
proceedings, and payment thereof from such fund shall be made or	5553
provided for by the treasurer of state in accordance with such	5554
bond proceedings without necessity for any act of appropriation.	5555

(S) The obligations issued pursuant to this section, the	5556
transfer thereof, and the income therefrom, including any profit	5557
made on the sale thereof, shall at all times be free from taxation	5558
within this state.	5559

Sec. 5535.16. Notwithstanding sections 5535.08 and 5535.15 of	5560
the Revised Code, the department of transportation or a political	5561
subdivision may provide snow and ice removal on the roads under	5562
the control of the state or any political subdivision.	5563

Sec. 5543.19.  (A) The county engineer may, when authorized	5564
by the board of county commissioners and not required by this	5565
section or other law to use competitive bidding, employ such	5566
laborers and vehicles, use such county employees and property,	5567
lease such implements and tools, and purchase such materials as	5568
are necessary in the construction, reconstruction, improvement,	5569
maintenance, or repair of roads by force account.	5570

In determining whether he may undertake construction or	5571
reconstruction, including widening and resurfacing, of roads may	5572
be undertaken by force account, the county engineer shall first	5573
cause to be made an estimate of the cost of such work, which	5574
estimate shall include labor, material, freight, fuel, hauling,	5575
use of machinery and equipment, and all other items of costusing	5576
the force account project assessment form developed by the auditor	5577
of state under section 117.16 of the Revised Code. When the total	5578
estimated cost of the work exceeds tenthirty thousand dollars per	5579
mile, the county commissioners shall invite and receive	5580
competitive bids for furnishing all the labor, materials, and	5581
equipment necessary to complete the work in accordance with	5582
sections 307.86 to 307.92, inclusive, of the Revised Code.	5583

(B) The county engineer may, when authorized by the board of	5584
county commissioners and not required by this section or other law	5585
to use competitive bidding, employ such laborers and vehicles, use	5586
such county employees and property, lease such implements and	5587
tools, and purchase such materials as are necessary in the	5588
construction, reconstruction, improvement, maintenance, or repair	5589
of bridges and culverts by force account.	5590

In determining whether he may undertake such construction,	5591
reconstruction, improvement, maintenance, or repair of bridges or	5592
culverts may be undertaken by force account, the county engineer	5593
shall first cause to be made an estimate of the cost of such work,	5594
which estimate shall include labor, material, freight, fuel,	5595
hauling, use of machinery and equipment, and all other items of	5596
costusing the force account project assessment form. When the	5597
total estimated cost of the work exceeds fortyone hundred	5598
thousand dollars, the board of county commissioners shall invite	5599
and receive competitive bids for furnishing all the labor,	5600
materials, and equipment necessary to complete the work, in	5601
accordance with sections 307.86 to 307.92, inclusive, of the	5602
Revised Code. The county engineer shall obtain the approval	5603
required by section 5543.02 of the Revised Code.	5604

(C) "Force account," as used in this section means that the	5605
county engineer will act as contractor, using labor employed by	5606
himthe engineer using material and equipment either owned by the	5607
county or leased or purchased in compliance with sections 307.86	5608
to 307.92, inclusive, of the Revised Code and excludes	5609
subcontracting any part of such work unless done pursuant to	5610
sections 307.86 to 307.92, inclusive, of the Revised Code.	5611

The term "competitive bids" as used in this section requires	5612
competition for the whole contract and in regard to its component	5613
parts, including labor and materials. Neither plans nor	5614
specifications shall be drawn to favor any manufacturer or bidder	5615
unless required by the public interest.	5616

Sec. 5543.22. Notwithstanding sections 153.65 to 153.71 of	5617
the Revised Code, a county engineer may combine the design and	5618
construction elements of a bridge, highway, or safety project into	5619
a single contract, but only if the cost of the project as bid does	5620
not exceed one million five hundred thousand dollars.	5621

When required to use competitive bidding, the county engineer	5622
shall award a design-build contract in accordance with sections	5623
307.86 to 307.92 of the Revised Code. In lieu of the requirement	5624
for plans, the county engineer shall prepare and distribute a	5625
scope of work document upon which bidders shall base their bids.	5626

A county engineer may request the director of transportation	5627
to review and comment on the scope of work document or the	5628
construction plans for conformance with state and federal	5629
requirements. If so requested, the director shall review and	5630
comment on the document or plans.	5631

Sec. 5575.01.  In the maintenance and repair of roads the	5632
board of township trustees may proceed either by contract or force	5633
account, provided the board has first caused the county engineer	5634
to complete the force account assessment form developed by the	5635
auditor of state under section 117.16 of the Revised Code. Except	5636
as otherwise provided in sections 505.08 and 505.101 of the	5637
Revised Code, when the board proceeds by contract the contract	5638
shall, if the amount involved exceeds fifteenforty-five thousand	5639
dollars, be let by the board to the lowest responsible bidder	5640
after advertisement for bids once, not later than two weeks prior	5641
to the date fixed for the letting of such contract, in a newspaper	5642
published in the county and of general circulation within the	5643
township, but if there is no such paper published in the county,	5644
then in one having general circulation in the township. If the	5645
amount involved is fifteenforty-five thousand dollars or less the	5646
a contract may be let without competitive bidding or the work may	5647
be done by force account. Such contract shall be performed under	5648
the supervision of a member of the board or the township road	5649
superintendent.	5650

Before undertaking the construction or reconstruction of a	5651
township road, the board shall cause to be made by the county	5652
engineer an estimate of the cost of such work, which estimate	5653
shall include labor, material, freight, fuel, hauling, use of	5654
machinery and equipment, and all other items of cost. If the board	5655
finds it in the best interest of the public, it may, in lieu of	5656
constructing the road by contract, proceed to construct the road	5657
by force account. Except as otherwise provided under sections	5658
505.08 and 505.101 of the Revised Code, where the total estimate	5659
cost of the work exceeds fivefifteen thousand dollars per mile,	5660
the board shall invite and receive competitive bids for furnishing	5661
all the labor, materials, and equipment and doing the work, as	5662
provided in section 5575.02 of the Revised Code, and shall	5663
consider and reject them before ordering the work done by force	5664
account. When such bids are received, considered, and rejected,	5665
and the work done by force account, such work shall be performed	5666
in compliance with the plans and specifications upon which the	5667
bids were based.	5668

All force account work shall be done under the direction of a	5669
member of the board or the superintendent.	5670

Sec. 5577.042.  (A) As used in this section:

5671

(1) "Farm machinery" has the same meaning as in section	5672
4501.01 of the Revised Code.	5673

(2) "Farm commodities" includes livestock, bulk milk, corn,	5674
soybeans, tobacco, and wheat.	5675

(3) "Farm truck" means a truck used in the transportation	5676
from a farm of farm commodities when the truck is operated in	5677
accordance with this section.	5678

(4) "Log truck" means a truck used in the transportation of	5679
timber from the site of its cutting when the truck is operated in	5680
accordance with this section.	5681

(5) "Coal truck" means a truck transporting coal from the	5682
site where it is mined when the truck is operated in accordance	5683
with this section.	5684

(B) Notwithstanding sections 5577.02 and 5577.04 of the	5685
Revised Code, a coal truck transporting coal, a farm truck or farm	5686
machinery transporting farm commodities, or a log truck	5687
transporting timber, from the place of production to the first	5688
point of delivery where the commodities are weighed and title to	5689
the commodities, coal, or timber is transferred, may exceed by no	5690
more than fiveseven and one-half per cent the weight provisions	5691
of sections 5577.01 to 5577.09 of the Revised Code and no penalty	5692
prescribed in section 5577.99 of the Revised Code shall be	5693
imposed. If a coal truck so transporting coal, a farm truck or	5694
farm machinery so transporting farm commodities, or a timber truck	5695
so transporting timber, exceeds by more than fiveseven and	5696
one-half per cent the weight provisions of those sections, both of	5697
the following apply without regard to the fiveseven and one-half	5698
per cent allowance provided by this division:	5699

(1) The applicable penalty prescribed in section 5577.99 of	5700
the Revised Code;	5701

(2) The civil liability imposed by section 5577.12 of the	5702
Revised Code.	5703

(C)(1) Division (B) of this section does not apply to the	5704
operation of a farm truck, log truck, or farm machinery	5705
transporting farm commodities during the months of February and	5706
March.	5707

(2) Regardless of when the operation occurs, division (B) of	5708
this section does not apply to the operation of a coal truck, a	5709
farm truck, a log truck, or farm machinery transporting farm	5710
commodities on either of the following:	5711

(a) A highway that is part of the interstate system;

5712

(b) A highway, road, or bridge that is subject to reduced	5713
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	5714
5577.09, or 5591.42 of the Revised Code.	5715

Sec. 5728.06. (A) For the following purposes, an excise tax	5716
is hereby imposed on the use of motor fuel to operate on the	5717
public highways of this state a commercial car with three or more	5718
axles operated alone or as part of a commercial tandem, a	5719
commercial car with two axles operated as part of a commercial	5720
tandem having a gross vehicle weight or registered gross vehicle	5721
weight exceeding twenty-six thousand pounds, or a commercial	5722
tractor operated alone or as part of a commercial tractor	5723
combination or commercial tandem: to provide revenue for	5724
maintaining the state highway system, to widen existing surfaces	5725
on such highways, to resurface such highways, to enable the	5726
counties of the state properly to plan for, maintain, and repair	5727
their roads, to enable the municipal corporations to plan,	5728
construct, reconstruct, repave, widen, maintain, repair, clear,	5729
and clean public highways, roads, and streets; to pay that portion	5730
of the construction cost of a highway project that a county,	5731
township, or municipal corporation normally would be required to	5732
pay, but that the director of transportation, pursuant to division	5733
(B) of section 5531.08 of the Revised Code, determines instead	5734
will be paid from moneys in the highway operating fund; to	5735
maintain and repair bridges and viaducts; to purchase, erect, and	5736
maintain street and traffic signs and markers; to purchase, erect,	5737
and maintain traffic lights and signals; to pay the costs	5738
apportioned to the public under section 4907.47 of the Revised	5739
Code; and to supplement revenue already available for such	5740
purposes, to distribute equitably among those persons using the	5741
privilege of driving motor vehicles upon such highways and streets	5742
the cost of maintaining and repairing the same, and to pay the	5743
interest, principal, and charges on bonds and other obligations	5744
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	5745
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	5746
imposed in the same amount as the motor fuel tax imposed under	5747
Chapter 5735. of the Revised Code plus an additional tax of three	5748
cents per gallon of motor fuel used before July 1, 2004, and an	5749
additional tax of two cents per gallon of motor fuel used before	5750
July 1, 2005, as determined by the gallons consumed while operated	5751
on the public highways of this state. Subject to section 5735.292	5752
of the Revised Code, on and after July 1, 2005, the tax shall be	5753
imposed in the same amount as the motor fuel tax imposed under	5754
Chapter 5735. of the Revised Code. Payment of the fuel use tax	5755
shall be made by the purchase of motor fuel within Ohio of such	5756
gallons as is equivalent to the gallons consumed while operating	5757
such a motor vehicle on the public highways of this state, or by	5758
direct remittance to the treasurer of state with the fuel use tax	5759
return filed pursuant to section 5728.08 of the Revised Code.	5760

Any person subject to the tax imposed under this section who	5761
purchases motor fuel in this state for use in another state in	5762
excess of the amount consumed while operating such motor vehicle	5763
on the public highways of this state shall be allowed a credit	5764
against the tax imposed by this section or a refund equal to the	5765
motor fuel tax paid to this state on such excess. No such credit	5766
or refund shall be allowed for taxes paid to any state that	5767
imposes a tax on motor fuel purchased or obtained in this state	5768
and used on the highways of such other state but does not allow a	5769
similar credit or refund for the tax paid to this state on motor	5770
fuel purchased or acquired in the other state and used on the	5771
public highways of this state.	5772

The tax commissioner is authorized to determine whether such	5773
credits or refunds are available and to prescribe such rules as	5774
are required for the purpose of administering this chapter.	5775

(B) Within sixty days after the last day of each month, the	5776
tax commissioner shall determine the amount of motor fuel tax	5777
allowed as a credit against the tax imposed by this section. The	5778
commissioner shall certify the amount to the director of budget	5779
and management and the treasurer of state, who shall credit the	5780
amount in accordance with section 5728.08 of the Revised Code from	5781
current revenue arising from the tax levied by section 5735.05 of	5782
the Revised Code.	5783

(C) The owner of each commercial car and commercial tractor	5784
subject to sections 5728.01 to 5728.14 of the Revised Code is	5785
liable for the payment of the full amount of the taxes imposed by	5786
this section.	5787

An owner who is a person regularly engaged, for compensation,	5788
in the business of leasing or renting motor vehicles without	5789
furnishing drivers may designate that the lessee of a motor	5790
vehicle leased for a period of thirty days or more shall report	5791
and pay the tax incurred during the duration of the lease. An	5792
owner who is an independent contractor that furnishes both the	5793
driver and motor vehicle, may designate that the person so	5794
furnished with the driver and motor vehicle for a period of thirty	5795
days or more shall report and pay the tax incurred during that	5796
period. An independent contractor that is not an owner, but that	5797
furnishes both the driver and motor vehicle and that has been	5798
designated by the owner of the motor vehicle to report and pay the	5799
tax, may designate that the person so furnished with driver and	5800
motor vehicle for a period of thirty days or more shall report and	5801
pay the tax incurred during that period.	5802

Sec. 5735.142. (A)(1) Any person who uses any motor fuel, on	5803
which the tax imposed by sections 5735.05, 5735.25, and 5735.29 of	5804
the Revised Code has been paid, for the purpose of operating a	5805
transit bus shall be reimbursed in the amount of the tax paid on	5806
motor fuel used by public transportation systems providing transit	5807
or paratransit service on a regular and continuing basis within	5808
the state;	5809

(2) A city, exempted village, or local school district that	5810
uses any motor fuel, on which any tax imposed by section 5735.29	5811
of the Revised Code that became effective on or after July 1,	5812
2003, has been paid, may, if an application is filed under this	5813
section, be reimbursed in the amount of all but two cents per	5814
gallon of that tax paid on motor fuel, used for providing	5815
transportation for pupils in a vehicle the district owns or	5816
leases.	5817

(B) Such person shall file with the tax commissioner an	5818
application for refund within one year from the date of purchase,	5819
stating the quantity of fuel used for operating transit buses used	5820
by local transit systems in furnishing scheduled common carrier,	5821
public passenger land transportation service along regular routes	5822
primarily in one or more municipal corporations, except thator	5823
for operating vehicles used by school districts to transport	5824
pupils. However, no person shall file a claim for the tax on fewer	5825
than one hundred gallons of motor fuel. The application shall be	5826
accompanied by the statement described in section 5735.15 of the	5827
Revised Code showing the purchase, together with evidence of	5828
payment thereof.	5829

(C) After consideration of the application and statement, the	5830
commissioner shall determine the amount of refund to which the	5831
applicant is entitled. If the amount is not less than that	5832
claimed, the commissioner shall certify the amount to the director	5833
of budget and management and treasurer of state for payment from	5834
the tax refund fund created by section 5703.052 of the Revised	5835
Code. If the amount is less than that claimed, the commissioner	5836
shall proceed in accordance with section 5703.70 of the Revised	5837
Code.	5838

The commissioner may require that the application be	5839
supported by the affidavit of the claimant. No refund shall be	5840
authorized or ordered for any single claim for the tax on fewer	5841
than one hundred gallons of motor fuel.	5842

(D) The refund authorized by this section or section 5703.70	5843
of the Revised Code shall be reduced by the cents per gallon	5844
amount of any qualified fuel credit received under section	5845
5735.145 of the Revised Code, as determined by the commissioner,	5846
for each gallon of qualified fuel included in the total gallonage	5847
of motor fuel upon which the refund is computed.	5848

(E) The right to receive any refund under this section or	5849
section 5703.70 of the Revised Code is not assignable. The payment	5850
of this refund shall not be made to any person other than the	5851
person originally entitled thereto who used the motor fuel upon	5852
which the claim for refund is based, except that the refund when	5853
allowed and certified, as provided in this section, may be paid to	5854
the executor, the administrator, the receiver, the trustee in	5855
bankruptcy, or the assignee in insolvency proceedings of the	5856
person.	5857

Sec. 5735.23.  (A) Out of receipts from the tax levied by	5858
section 5735.05 of the Revised Code, the treasurer of state shall	5859
place to the credit of the tax refund fund established by section	5860
5703.052 of the Revised Code amounts equal to the refunds	5861
certified by the tax commissioner pursuant to sections 5735.13,	5862
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	5863
treasurer of state shall then transfer the amount required by	5864
section 5735.051 of the Revised Code to the waterways safety fund	5865
and the amount required by section 4907.472 of the Revised Code to	5866
the grade crossing protection fund.	5867

(B) Except as provided in division (D) of this section, each	5868
month the balance of the receipts from the tax levied by section	5869
5735.05 of the Revised Code shall be credited, after receipt by	5870
the treasurer of state of certification from the commissioners of	5871
the sinking fund, as required by section 5528.35 of the Revised	5872
Code, that there are sufficient moneys to the credit of the	5873
highway obligations bond retirement fund to meet in full all	5874
payments of interest, principal, and charges for the retirement of	5875
highway obligations issued pursuant to Section 2i of Article VIII,	5876
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	5877
Code due and payable during the current calendar year, as follows:	5878

(1) To the state and local government highway distribution	5879
fund, which is hereby created in the state treasury, an amount	5880
that is the same percentage of the balance to be credited as that	5881
portion of the tax per gallon determined under division (B)(2)(a)	5882
of section 5735.06 of the Revised Code is of the total tax per	5883
gallon determined under divisions (B)(2)(a) and (b) of that	5884
section.	5885

(2) After making the distribution to the state and local	5886
government highway distribution fund, the remainder shall be	5887
credited as follows:	5888

(a) Thirty per cent to the gasoline excise tax fund for	5889
distribution pursuant to division (A)(1) of section 5735.27 of the	5890
Revised Code;	5891

(b) Twenty-five per cent to the gasoline excise tax fund for	5892
distribution pursuant to division (A)(3) of section 5735.27 of the	5893
Revised Code;	5894

(c) Except as provided in division (D) of this section,	5895
forty-five per cent to the highway operating fund for distribution	5896
pursuant to division (B)(1) of section 5735.27 of the Revised	5897
Code.	5898

(C) From the balance in the state and local government	5899
highway distribution fund on the last day of each month there	5900
shall be paid the following amounts:	5901

(1) To the local transportation improvement program fund	5902
created by section 164.14 of the Revised Code, an amount equal to	5903
a fraction of the balance in the state and local government	5904
highway distribution fund, the numerator of which fraction is one	5905
and the denominator of which fraction is that portion of the tax	5906
per gallon determined under division (B)(2)(a) of section 5735.06	5907
of the Revised Code;	5908

(2) An amount equal to five cents multiplied by the number of	5909
gallons of motor fuel sold at stations operated by the Ohio	5910
turnpike commission, such gallonage to be certified by the	5911
commission to the treasurer of state not later than the last day	5912
of the month following. The funds paid to the commission pursuant	5913
to this section shall be expended for the construction,	5914
reconstruction, maintenance, and repair of turnpike projects,	5915
except that the funds may not be expended for the construction of	5916
new interchanges. The funds also may be expended for the	5917
construction, reconstruction, maintenance, and repair of those	5918
portions of connecting public roads that serve existing	5919
interchanges and are determined by the commission and the director	5920
of transportation to be necessary for the safe merging of traffic	5921
between the turnpike and those public roads.	5922

The remainder of the balance shall be distributed as follows	5923
on the fifteenth day of the following month:	5924

(a) Ten and seven-tenths per cent shall be paid to municipal	5925
corporations for distribution pursuant to division (A)(1) of	5926
section 5735.27 of the Revised Code and may be used for any	5927
purpose for which payments received under that division may be	5928
used. Beginning August 15, 2004, the sum of two hundred	5929
forty-eight thousand six hundred twenty-five dollars shall be	5930
annually subtracted from the amount so computed and credited to	5931
the highway operating fund.	5932

(b) Five per cent shall be paid to townships for distribution	5933
pursuant to division (A)(5) of section 5735.27 of the Revised Code	5934
and may be used for any purpose for which payments received under	5935
that division may be used. Beginning August 15, 2004, the sum of	5936
eighty-seven thousand seven hundred fifty dollars shall be	5937
annually subtracted from the amount so computed and credited to	5938
the highway operating fund.	5939

(c) Nine and three-tenths per cent shall be paid to counties	5940
for distribution pursuant to division (A)(3) of section 5735.27 of	5941
the Revised Code and may be used for any purpose for which	5942
payments received under that division may be used. Beginning	5943
August 15, 2004, the sum of two hundred forty-eight thousand six	5944
hundred twenty-five dollars shall be annually subtracted from the	5945
amount so computed and credited to the highway operating fund.	5946

(d) Except as provided in division (D) of this section, the	5947
balance shall be transferred to the highway operating fund and	5948
used for the purposes set forth in division (B)(1) of section	5949
5735.27 of the Revised Code.	5950

(D) Beginning on the first day of September each fiscal year,	5951
any amounts required to be credited or transferred to the highway	5952
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	5953
section shall be credited or transferred to the highway capital	5954
improvement bond service fund created in section 151.06 of the	5955
Revised Code, until such time as the office of budget and	5956
management receives certification from the treasurer of state or	5957
the treasurer of state's designee that sufficient money has been	5958
credited or transferred to the bond service fund to meet in full	5959
all payments of debt service and financing costs due during the	5960
fiscal year from that fund.	5961

Sec. 5735.27.  (A) There is hereby created in the state	5962
treasury the gasoline excise tax fund, which shall be distributed	5963
in the following manner:	5964

(1) The amount credited pursuant to divisions (B)(2)(a) and	5965
(C)(2)(a) of section 5735.23 of the Revised Code shall be	5966
distributed among municipal corporations. The amount paid to each	5967
municipal corporation shall be that proportion of the amount to be	5968
so distributed that the number of motor vehicles registered within	5969
such municipal corporation bears to the total number of motor	5970
vehicles registered within all the municipal corporations of this	5971
state during the preceding motor vehicle registration year. When a	5972
new village is incorporated, the registrar of motor vehicles shall	5973
determine from the applications on file in the bureau of motor	5974
vehicles the number of motor vehicles located within the territory	5975
comprising the village during the entire registration year in	5976
which such municipal corporation was incorporated. The registrar	5977
shall forthwith certify the number of motor vehicles so determined	5978
to the tax commissioner for use in distributing motor vehicle fuel	5979
tax funds to such village until such village is qualified to	5980
participate in the distribution of such funds pursuant to this	5981
division. The number of such motor vehicle registrations shall be	5982
determined by the official records of the bureau of motor	5983
vehicles. The amount received by each municipal corporation shall	5984
be used to plan, construct, reconstruct, repave, widen, maintain,	5985
repair, clear, and clean public highways, roads, and streets; to	5986
maintain and repair bridges and viaducts; to purchase, erect, and	5987
maintain street and traffic signs and markers; to pay the costs	5988
apportioned to the municipal corporation under section 4907.47 of	5989
the Revised Code; to purchase, erect, and maintain traffic lights	5990
and signals; to pay the principal, interest, and charges on bonds	5991
and other obligations issued pursuant to Chapter 133. of the	5992
Revised Code for the purpose of acquiring or constructing roads,	5993
highways, bridges, or viaducts or acquiring or making other	5994
highway improvements for which the municipal corporation may issue	5995
bonds; and to supplement revenue already available for such	5996
purposes.	5997

(2) The amount credited pursuant to division (B) of section	5998
5735.26 of the Revised Code shall be distributed among the	5999
municipal corporations within the state, in the proportion which	6000
the number of motor vehicles registered within each municipal	6001
corporation bears to the total number of motor vehicles registered	6002
within all the municipal corporations of the state during the	6003
preceding calendar year, as shown by the official records of the	6004
bureau of motor vehicles, and shall be expended by each municipal	6005
corporation to plan, construct, reconstruct, repave, widen,	6006
maintain, repair, clear, and clean public highways, roads and	6007
streets; to maintain and repair bridges and viaducts; to purchase,	6008
erect, and maintain street and traffic signs and markers; to	6009
purchase, erect, and maintain traffic lights and signals; to pay	6010
costs apportioned to the municipal corporation under section	6011
4907.47 of the Revised Code; to pay the principal, interest, and	6012
charges on bonds and other obligations issued pursuant to Chapter	6013
133. of the Revised Code for the purpose of acquiring or	6014
constructing roads, highways, bridges, or viaducts or acquiring or	6015
making other highway improvements for which the municipal	6016
corporation may issue bonds; and to supplement revenue already	6017
available for such purposes.	6018

(3) The amount credited pursuant to divisions (B)(2)(b) and	6019
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in	6020
equal proportions to the county treasurer of each county within	6021
the state and shall be used only for the purposes of planning,	6022
maintaining, and repairing the county system of public roads and	6023
highways within such county; the planning, construction, and	6024
repair of walks or paths along county roads in congested areas;	6025
the planning, construction, purchase, lease, and maintenance of	6026
suitable buildings for the housing and repair of county road	6027
machinery, housing of supplies, and housing of personnel	6028
associated with the machinery and supplies; the payment of costs	6029
apportioned to the county under section 4907.47 of the Revised	6030
Code; the payment of principal, interest, and charges on bonds and	6031
other obligations issued pursuant to Chapter 133. of the Revised	6032
Code for the purpose of acquiring or constructing roads, highways,	6033
bridges, or viaducts or acquiring or making other highway	6034
improvements for which the board of county commissioners may issue	6035
bonds under that chapter; and the purchase, installation, and	6036
maintenance of traffic signal lights.	6037

(4) The amount credited pursuant to division (C) of section	6038
5735.26 of the Revised Code shall be paid in equal proportions to	6039
the county treasurer of each county for the purposes of planning,	6040
maintaining, constructing, widening, and reconstructing the county	6041
system of public roads and highways; paying principal, interest,	6042
and charges on bonds and other obligations issued pursuant to	6043
Chapter 133. of the Revised Code for the purpose of acquiring or	6044
constructing roads, highways, bridges, or viaducts or acquiring or	6045
making other highway improvements for which the board of county	6046
commissioners may issue bonds under such chapter; and paying costs	6047
apportioned to the county under section 4907.47 of the Revised	6048
Code.	6049

(5)(a) The amount credited pursuant to division (D) of	6050
section 5735.26 and division (C)(2)(b) of section 5735.23 of the	6051
Revised Code shall be divided in equal proportions among the	6052
townships within the state and.	6053

(b) As used in division (A)(5)(b) of this section, the	6054
"formula amount" for any township is the amount that would be	6055
allocated to that township if fifty per cent of the amount	6056
credited to townships pursuant to section 5735.291 of the Revised	6057
Code were allocated among townships in the state proportionate to	6058
the number of lane miles within the boundaries of the respective	6059
townships, as determined annually by the department of	6060
transportation, and the other fifty per cent of the amount	6061
credited pursuant to section 5735.291 of the Revised Code were	6062
allocated among townships in the state proportionate to the number	6063
of motor vehicles registered within the respective townships, as	6064
determined annually by the records of the bureau of motor	6065
vehicles.	6066

Beginning on August 15, 2003, the tax levied by section	6067
5735.29 of the Revised Code shall be partially allocated to	6068
provide funding for townships. Each township shall receive the	6069
greater of the following two calculations:	6070

(i) The total statewide amount credited to townships under	6071
division (A) of section 5735.291 of the Revised Code divided by	6072
the number of townships in the state at the time of the	6073
calculation;	6074

(ii) Seventy per cent of the formula amount for that	6075
township.	6076

(c) The total difference between the amount of money credited	6077
to townships under division (A) of section 5735.291 of the Revised	6078
Code and the total amount of money required to make all the	6079
payments specified in division (A)(5)(b) of this section shall be	6080
deducted, in accordance with division (B) of section 5735.291 of	6081
the Revised Code, from the revenues resulting from the tax levied	6082
pursuant to section 5735.29 of the Revised Code prior to crediting	6083
portions of such revenues to counties, municipal corporations, and	6084
the highway operating fund.	6085

(d) All amounts credited pursuant to divisions (a) and (b) of	6086
this section shall be paid to the county treasurer of each county	6087
for the total amount payable to the townships within each of the	6088
counties. The county treasurer shall pay to each township within	6089
the county its equal proportional share of the funds, which shall	6090
be expended by each township for the sole purpose of planning,	6091
constructing, maintaining, widening, and reconstructing the public	6092
roads and highways within such township, and paying costs	6093
apportioned to the township under section 4907.47 of the Revised	6094
Code.	6095

No part of the funds shall be used for any purpose except to	6096
pay in whole or part the contract price of any such work done by	6097
contract, or to pay the cost of labor in planning, constructing,	6098
widening, and reconstructing such roads and highways, and the cost	6099
of materials forming a part of the improvement; provided, that	6100
such funds may be used for the purchase of road machinery and	6101
equipment and for the planning, construction, and maintenance of	6102
suitable buildings for housing road machinery and equipment, and	6103
that all such improvement of roads shall be under supervision and	6104
direction of the county engineer as provided in section 5575.07 of	6105
the Revised Code. No obligation against such funds shall be	6106
incurred unless plans and specifications for such improvement,	6107
approved by the county engineer, are on file in the office of the	6108
township clerk, and all contracts for material and for work done	6109
by contract shall be approved by the county engineer before being	6110
signed by the board of township trustees. The board of township	6111
trustees of any township may pass a resolution permitting the	6112
board of county commissioners to expend such township's share of	6113
the funds, or any portion thereof, for the improvement of such	6114
roads within the township as may be designated in the resolution.	6115

All investment earnings of the fund shall be credited to the	6116
fund.	6117

(B) Amounts credited to the highway operating fund pursuant	6118
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and	6119
division (A) of section 5735.26 of the Revised Code shall be	6120
expended in the following manner:	6121

(1) The amount credited pursuant to divisions (B)(2)(c) and	6122
(C)(2)(d) of section 5735.23 of the Revised Code shall be	6123
apportioned to and expended by the department of transportation	6124
for the purposes of planning, maintaining, repairing, and keeping	6125
in passable condition for travel the roads and highways of the	6126
state required by law to be maintained by the department; paying	6127
the costs apportioned to the state under section 4907.47 of the	6128
Revised Code; paying that portion of the construction cost of a	6129
highway project which a county, township, or municipal corporation	6130
normally would be required to pay, but which the director of	6131
transportation, pursuant to division (B) of section 5531.08 of the	6132
Revised Code, determines instead will be paid from moneys in the	6133
highway operating fund; and paying the costs of the department of	6134
public safety in administering and enforcing the state law	6135
relating to the registration and operation of motor vehicles.	6136

(2) The amount credited pursuant to division (A) of section	6137
5735.26 of the Revised Code shall be used for paying the state's	6138
share of the cost of planning, constructing, widening,	6139
maintaining, and reconstructing the state highways; paying that	6140
portion of the construction cost of a highway project which a	6141
county, township, or municipal corporation normally would be	6142
required to pay, but which the director of transportation,	6143
pursuant to division (B) of section 5531.08 of the Revised Code,	6144
determines instead will be paid from moneys in the highway	6145
operating fund; and also for supplying the state's share of the	6146
cost of eliminating railway grade crossings upon such highways and	6147
costs apportioned to the state under section 4907.47 of the	6148
Revised Code. The director of transportation may expend portions	6149
of such amount upon extensions of state highways within municipal	6150
corporations or upon portions of state highways within municipal	6151
corporations, as is provided by law.	6152

Sec. 5735.29.  To provide revenue for supplying the state's	6153
share of the cost of constructing, widening, maintaining, and	6154
reconstructing the state highways; to maintain and repair bridges	6155
and viaducts; to purchase, erect, and maintain street and traffic	6156
signs and markers; to purchase, erect, and maintain traffic lights	6157
and signals; to pay the expense of administering and enforcing the	6158
state law relative to the registration and operation of motor	6159
vehicles; to make road improvements associated with retaining or	6160
attracting business for this state, to pay that portion of the	6161
construction cost of a highway project which a county, township,	6162
or municipal corporation normally would be required to pay, but	6163
which the director of transportation, pursuant to division (B) of	6164
section 5531.08 of the Revised Code, determines instead will be	6165
paid from moneys in the highway operating fund; to provide revenue	6166
for the purposes of sections 1547.71 to 1547.78 of the Revised	6167
Code; and to supplement revenue already available for such	6168
purposes, to pay the expenses of the department of taxation	6169
incident to the administration of the motor fuel laws, to	6170
supplement revenue already available for such purposes; and to pay	6171
the interest, principal, and charges on highway obligations issued	6172
pursuant to Section 2i of Article VIII, Ohio Constitution, and	6173
sections 5528.30 and 5528.31 of the Revised Code; to enable the	6174
counties and townships of the state to properly plan, construct,	6175
widen, reconstruct, and maintain their public highways, roads, and	6176
streets; to enable counties to pay principal, interest, and	6177
charges on bonds and other obligations issued pursuant to Chapter	6178
133. of the Revised Code for highway improvements; to enable	6179
municipal corporations to plan, construct, reconstruct, repave,	6180
widen, maintain, repair, clear, and clean public highways, roads,	6181
and streets; to enable municipal corporations to pay the	6182
principal, interest, and charges on bonds and other obligations	6183
issued pursuant to Chapter 133. of the Revised Code for highway	6184
improvements; and to pay the costs apportioned to the public under	6185
section 4907.47 of the Revised Code, a motor fuel excise tax is	6186
hereby imposed on all motor fuel dealers upon their receipt of	6187
motor fuel within the state at the rate of two cents on each	6188
gallon so received; provided, that effective July 1, 2003, the	6189
motor fuel excise tax imposed by this section shall be at the rate	6190
of four cents on each gallon so received; effective July 1, 2004,	6191
the motor fuel excise tax imposed by this section shall be at the	6192
rate of six cents on each gallon so received; and, subject to	6193
section 5735.292 of the Revised Code, effective July 1, 2005, the	6194
motor fuel excise tax imposed by this section shall be at the rate	6195
of eight cents on each gallon so received. This tax is subject to	6196
the specific exemptions set forth in this chapter of the Revised	6197
Code. It shall be reported, computed, paid, collected,	6198
administered, enforced, and refunded, and the failure properly and	6199
correctly to report and pay the tax shall be penalized, in exactly	6200
the same manner as is provided in this chapter. Such sections	6201
relating to motor fuel excise taxes are reenacted and incorporated	6202
as if specifically set forth in this section. The tax levied by	6203
this section is in addition to any other taxes imposed under this	6204
chapter.	6205

No municipal corporation, county, or township shall expend	6206
any revenues received from the tax levied by this section for any	6207
purpose other than one of the specific highway-related purposes	6208
stated in this section. In addition, each municipal corporation,	6209
county, or township shall use at least ninety per cent of all	6210
revenues received from the tax levied by this section to	6211
supplement, rather than supplant, other local funds used for	6212
highway-related purposes.	6213

Sec. 5735.291. (A) The treasurer of state shall place to the	6214
credit of the tax refund fund created by section 5703.052 of the	6215
Revised Code, out of receipts from the tax levied by section	6216
5735.29 of the Revised Code, amounts equal to the refunds	6217
certified by the tax commissioner pursuant to sections 5735.142	6218
and 5735.29 of the Revised Code. The refunds provided for by	6219
sections 5735.142 and 5735.29 of the Revised Code shall be paid	6220
from such fund. The treasurer of state shall transfer the amount	6221
required by section 5735.051 of the Revised Code to the waterways	6222
safety fund. The specified portion of the balance of taxes	6223
collected under section 5735.29 of the Revised Code after the	6224
credits to the tax refund fund, and after the transfer to the	6225
waterways safety fund, shall be credited to the gasoline excise	6226
tax fund. Subject to division (B) of this section, forty-two and	6227
eighty-six hundredths per cent of the specified portion shall be	6228
distributed among the municipal corporations within the state in	6229
accordance with division (A)(2) of section 5735.27 of the Revised	6230
Code, thirty-seven and fourteen hundredths per cent of the	6231
specified portion shall be distributed among the counties within	6232
the state in accordance with division (A)(3) of section 5735.27 of	6233
the Revised Code, and twenty per cent of the specified portion	6234
shall be combined with twenty per cent of any amounts transferred	6235
from the highway operating fund to the gasoline excise tax fund	6236
through biennial appropriations acts of the general assembly	6237
pursuant to the planned phase-in of a new source of funding for	6238
the state highway patrol and shall be distributed among the	6239
townships within the state in accordance with division (A)(5)(b)of	6240
section 5735.27 of the Revised Code. Subject to division (B) of	6241
this section, the remainder of the tax levied by section 5735.29	6242
of the Revised Code after receipt by the treasurer of state of	6243
certifications from the commissioners of the sinking fund	6244
certifying, as required by sections 5528.15 and 5528.35 of the	6245
Revised Code, there are sufficient moneys to the credit of the	6246
highway improvement bond retirement fund created by section	6247
5528.12 of the Revised Code to meet in full all payments of	6248
interest, principal, and charges for the retirement of bonds and	6249
other obligations issued pursuant to Section 2g of Article VIII,	6250
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	6251
Code due and payable during the current calendar year, and that	6252
there are sufficient moneys to the credit of the highway	6253
obligations bond retirement fund created by section 5528.32 of the	6254
Revised Code to meet in full all payments of interest, principal,	6255
and charges for the retirement of highway obligations issued	6256
pursuant to Section 2i of Article VIII, Ohio Constitution, and	6257
sections 5528.30 and 5528.31 of the Revised Code due and payable	6258
during the current calendar year, shall be credited to the highway	6259
operating fund, which is hereby created in the state treasury and	6260
shall be used solely for the purposes enumerated in section	6261
5735.29 of the Revised Code. All investment earnings of the fund	6262
shall be credited to the fund.	6263

(B)(1) Effective August 15, 2003, prior to the distribution	6264
from the gasoline excise tax fund to municipal corporations of the	6265
forty-two and eighty-six hundredths per cent of the specified	6266
portion as provided in division (A) of this section, the	6267
department of taxation shall deduct thirty-three and one-third per	6268
cent of the amount specified in division (A)(5)(c) of section	6269
5735.27 of the Revised Code and use it for distribution to	6270
townships pursuant to division (A)(5)(b) of that section.	6271

(2) Effective August 15, 2003, prior to the distribution from	6272
the gasoline excise tax fund to counties of the thirty-seven and	6273
fourteen hundredths per cent of the specified portion as provided	6274
in division (A) of this section, the department of taxation shall	6275
deduct thirty-three and one-third per cent of the amount specified	6276
in division (A)(5)(c) of section 5735.27 of the Revised Code and	6277
use it for distribution to townships pursuant to division	6278
(A)(5)(b) of that section.	6279

(3) Effective August 15, 2003, prior to crediting any revenue	6280
resulting from the tax levied by section 5735.29 of the Revised	6281
Code to the highway operating fund, the department of taxation	6282
shall deduct thirty-three and one-third per cent of the amount	6283
specified in division (A)(5)(c) of section 5735.27 of the Revised	6284
Code and use it for distribution to townships pursuant to division	6285
(A)(5)(b) of that section.	6286

(C) As used in this section, "specified portion" means all of	6287
the following:	6288

(1) Until August 15, 2003, none of the taxes collected under	6289
section 5735.29 of the Revised Code;	6290

(2) Effective August 15, 2003, one-eighth of the balance of	6291
taxes collected under section 5735.29 of the Revised Code, after	6292
the credits to the tax refund fund and after the transfer to the	6293
waterways safety fund;	6294

(3) Effective August 15, 2004, one-sixth of the balance of	6295
taxes described in division (C)(2) of this section;	6296

(4) Effective August 15, 2005, three-sixteenths of the	6297
balance of taxes described in division (C)(2) of this section.	6298

Sec. 5735.292.  The rate of tax imposed under section 5735.29	6299
of the Revised Code on and after July 1, 2005, shall be six cents	6300
per gallon, notwithstanding any provision of that section to the	6301
contrary, and the rate of the additional tax imposed under section	6302
5728.06 of the Revised Code on and after July 1, 2005, shall be	6303
two cents, notwithstanding any provision of that section to the	6304
contrary if both of the following apply:	6305

(A) The director of transportation determines that the amount	6306
of federal motor fuel excise taxes appropriated to this state and	6307
available for basic highway programs is equal to or greater than	6308
ninety-five per cent of the amount of federal motor fuel excise	6309
taxes paid in this state;	6310

(B) The director of transportation determines that this state	6311
no longer receives a net loss of federal motor fuel excise tax	6312
returns caused by any federal tax reduction, tax rebate, or tax	6313
assistance on behalf of ethanol-based or alcohol-based motor	6314
fuels.	6315

Section 2. That existing sections 723.52, 723.53, 1547.11,	6316
3704.14, 3704.143, 4501.10, 4503.10, 4503.101, 4503.103, 4503.11,	6317
4503.173, 4503.182, 4503.50, 4503.51, 4503.55, 4503.561, 4503.591,	6318
4503.67, 4503.68, 4503.69, 4503.71, 4503.711, 4503.72, 4503.73,	6319
4503.75, 4506.08, 4507.23, 4511.04, 4511.19, 4511.191, 4511.197,	6320
4513.111, 4513.52, 4513.53, 4921.02, 5501.20, 5501.34, 5501.45,	6321
5502.02, 5517.011, 5517.02, 5525.20, 5531.10, 5543.19, 5575.01,	6322
5577.042, 5728.06, 5735.142, 5735.23, 5735.27, 5735.29, and	6323
5735.291, and sections        Sec. 4501.20. ,        Sec. 4501.22. ,        Sec. 4501.29. ,        Sec. 4501.30. ,	6324
Sec. 4501.311. ,        Sec. 4501.32. ,        Sec. 4501.33. ,        Sec. 4501.39. ,        Sec. 4501.40. ,        Sec. 4501.41. ,        Sec. 4501.61. ,	6325
Sec. 4501.71. , and        Sec. 4503.251.  of the Revised Code are hereby repealed.	6326

Section 3. Section 4511.197 of the Revised Code, as amended	6327
by this act, shall take effect January 1, 2004.	6328

Section 4. That the versions of sections 1547.11, 4503.10,	6329
4503.11, 4503.182, 4511.19, and 4513.111 of the Revised Code that	6330
are scheduled to take effect January 1, 2004, be amended to read	6331
as follows:	6332

Sec. 1547.11.  (A) No person shall operate or be in physical	6333
control of any vessel underway or shall manipulate any water skis,	6334
aquaplane, or similar device on the waters in this state if, at	6335
the time of the operation, control, or manipulation, any of the	6336
following applies:	6337

(1) The person is under the influence of alcohol, a drug of	6338
abuse, or a combination of them.	6339

(2) The person has a concentration of ten-hundredths	6340
eight-hundredths of one per cent or more by weight of alcohol per	6341
unit volume in the person's whole blood.	6342

(3) The person has a concentration of twelve-hundredths	6343
ninety-six-hundredths of one per cent or more by weight per unit	6344
volume of alcohol in the person's blood serum or plasma.	6345

(4) The person has a concentration of fourteen-hundredths	6346
eleven-hundredths of one gram or more by weight of alcohol per one	6347
hundred milliliters of the person's urine.	6348

(5) The person has a concentration of ten-hundredths	6349
eight-hundredths of one gram or more by weight of alcohol per two	6350
hundred ten liters of the person's breath.	6351

(B) No person under twenty-one years of age shall operate or	6352
be in physical control of any vessel underway or shall manipulate	6353
any water skis, aquaplane, or similar device on the waters in this	6354
state if, at the time of the operation, control, or manipulation,	6355
any of the following applies:	6356

(1) The person has a concentration of at least two-hundredths	6357
of one per cent, but less than ten-hundredthseight-hundredths of	6358
one per cent by weight per unit volume of alcohol in the person's	6359
whole blood.	6360

(2) The person has a concentration of at least	6361
three-hundredths of one per cent but less than twelve-hundredths	6362
ninety-six-hundredths of one per cent by weight per unit volume of	6363
alcohol in the person's blood serum or plasma.	6364

(3) The person has a concentration of at least twenty-eight	6365
one-thousandths of one gram, but less than fourteen-hundredths	6366
eleven-hundredths of one gram by weight of alcohol per one hundred	6367
milliliters of the person's urine.	6368

(4) The person has a concentration of at least two-hundredths	6369
of one gram, but less than ten-hundredthseight-hundredths of one	6370
gram by weight of alcohol per two hundred ten liters of the	6371
person's breath.	6372

(C) In any proceeding arising out of one incident, a person	6373
may be charged with a violation of division (A)(1) and a violation	6374
of division (B)(1), (2), (3), or (4) of this section, but the	6375
person shall not be convicted of more than one violation of those	6376
divisions.	6377

(D)(1) In any criminal prosecution or juvenile court	6378
proceeding for a violation of division (A) or (B) of this section	6379
or for an equivalent violation, the court may admit evidence on	6380
the concentration of alcohol, drugs of abuse, or a combination of	6381
them in the defendant's or child's whole blood, blood serum or	6382
plasma, urine, or breath at the time of the alleged violation as	6383
shown by chemical analysis of the substance withdrawn, or specimen	6384
taken within two hours of the time of the alleged violation.	6385

When a person submits to a blood test, only a physician, a	6386
registered nurse, or a qualified technician, chemist, or	6387
phlebotomist shall withdraw blood for the purpose of determining	6388
the alcohol, drug, or alcohol and drug content of the whole blood,	6389
blood serum, or blood plasma. This limitation does not apply to	6390
the taking of breath or urine specimens. A person authorized to	6391
withdraw blood under this division may refuse to withdraw blood	6392
under this division if, in that person's opinion, the physical	6393
welfare of the defendant or child would be endangered by	6394
withdrawing blood.	6395

The whole blood, blood serum or plasma, urine, or breath	6396
shall be analyzed in accordance with methods approved by the	6397
director of health by an individual possessing a valid permit	6398
issued by the director pursuant to section 3701.143 of the Revised	6399
Code.	6400

(2) In a criminal prosecution or juvenile court proceeding	6401
for a violation of division (A) of this section or for a violation	6402
of a prohibition that is substantially equivalent to division (A)	6403
of this section, if there was at the time the bodily substance was	6404
taken a concentration of less than the applicable concentration of	6405
alcohol specified for a violation of division (A)(2), (3), (4), or	6406
(5) of this section, that fact may be considered with other	6407
competent evidence in determining the guilt or innocence of the	6408
defendant or in making an adjudication for the child. This	6409
division does not limit or affect a criminal prosecution or	6410
juvenile court proceeding for a violation of division (B) of this	6411
section or for a violation of a prohibition that is substantially	6412
equivalent to that division.	6413

(3) Upon the request of the person who was tested, the	6414
results of the chemical test shall be made available to the person	6415
or the person's attorney immediately upon completion of the test	6416
analysis.	6417

The person tested may have a physician, a registered nurse,	6418
or a qualified technician, chemist, or phlebotomist of the	6419
person's own choosing administer a chemical test or tests in	6420
addition to any administered at the direction of a law enforcement	6421
officer, and shall be so advised. The failure or inability to	6422
obtain an additional test by a person shall not preclude the	6423
admission of evidence relating to the test or tests taken at the	6424
direction of a law enforcement officer.	6425

(E)(1) In any criminal prosecution or juvenile court	6426
proceeding for a violation of division (A) or (B) of this section	6427
or for an equivalent violation, if a law enforcement officer has	6428
administered a field sobriety test to the operator or person found	6429
to be in physical control of the vessel underway involved in the	6430
violation or the person manipulating the water skis, aquaplane, or	6431
similar device involved in the violation and if it is shown by	6432
clear and convincing evidence that the officer administered the	6433
test in substantial compliance with the testing standards for	6434
reliable, credible, and generally accepted field sobriety tests	6435
for vehicles that were in effect at the time the tests were	6436
administered, including, but not limited to, any testing standards	6437
then in effect that have been set by the national highway traffic	6438
safety administration, that by their nature are not clearly	6439
inapplicable regarding the operation or physical control of	6440
vessels underway or the manipulation of water skis, aquaplanes, or	6441
similar devices, all of the following apply:	6442

(a) The officer may testify concerning the results of the	6443
field sobriety test so administered.	6444

(b) The prosecution may introduce the results of the field	6445
sobriety test so administered as evidence in any proceedings in	6446
the criminal prosecution or juvenile court proceeding.	6447

(c) If testimony is presented or evidence is introduced under	6448
division (E)(1)(a) or (b) of this section and if the testimony or	6449
evidence is admissible under the Rules of Evidence, the court	6450
shall admit the testimony or evidence, and the trier of fact shall	6451
give it whatever weight the trier of fact considers to be	6452
appropriate.	6453

(2) Division (E)(1) of this section does not limit or	6454
preclude a court, in its determination of whether the arrest of a	6455
person was supported by probable cause or its determination of any	6456
other matter in a criminal prosecution or juvenile court	6457
proceeding of a type described in that division, from considering	6458
evidence or testimony that is not otherwise disallowed by division	6459
(E)(1) of this section.	6460

(F)(1) Subject to division (F)(3) of this section, in any	6461
criminal prosecution or juvenile court proceeding for a violation	6462
of this section or for an equivalent violation, the court shall	6463
admit as prima-facie evidence a laboratory report from any	6464
forensic laboratory certified by the department of health that	6465
contains an analysis of the whole blood, blood serum or plasma,	6466
breath, urine, or other bodily substance tested and that contains	6467
all of the information specified in this division. The laboratory	6468
report shall contain all of the following:	6469

(a) The signature, under oath, of any person who performed	6470
the analysis;	6471

(b) Any findings as to the identity and quantity of alcohol,	6472
a drug of abuse, or a combination of them that was found;	6473

(c) A copy of a notarized statement by the laboratory	6474
director or a designee of the director that contains the name of	6475
each certified analyst or test performer involved with the report,	6476
the analyst's or test performer's employment relationship with the	6477
laboratory that issued the report, and a notation that performing	6478
an analysis of the type involved is part of the analyst's or test	6479
performer's regular duties;	6480

(d) An outline of the analyst's or test performer's	6481
education, training, and experience in performing the type of	6482
analysis involved and a certification that the laboratory	6483
satisfies appropriate quality control standards in general and, in	6484
this particular analysis, under rules of the department of health.	6485

(2) Notwithstanding any other provision of law regarding the	6486
admission of evidence, a report of the type described in division	6487
(F)(1) of this section is not admissible against the defendant or	6488
child to whom it pertains in any proceeding, other than a	6489
preliminary hearing or a grand jury proceeding, unless the	6490
prosecutor has served a copy of the report on the defendant's or	6491
child's attorney or, if the defendant or child has no attorney, on	6492
the defendant or child.	6493

(3) A report of the type described in division (F)(1) of this	6494
section shall not be prima-facie evidence of the contents,	6495
identity, or amount of any substance if, within seven days after	6496
the defendant or child to whom the report pertains or the	6497
defendant's or child's attorney receives a copy of the report, the	6498
defendant or child or the defendant's or child's attorney demands	6499
the testimony of the person who signed the report. The judge in	6500
the case may extend the seven-day time limit in the interest of	6501
justice.	6502

(G) Except as otherwise provided in this division, any	6503
physician, registered nurse, or qualified technician, chemist, or	6504
phlebotomist who withdraws blood from a person pursuant to this	6505
section, and a hospital, first-aid station, or clinic at which	6506
blood is withdrawn from a person pursuant to this section, is	6507
immune from criminal and civil liability based upon a claim of	6508
assault and battery or any other claim that is not a claim of	6509
malpractice, for any act performed in withdrawing blood from the	6510
person. The immunity provided in this division is not available to	6511
a person who withdraws blood if the person engages in willful or	6512
wanton misconduct.	6513

(H) As used in this section and section 1547.111 of the	6514
Revised Code:	6515

(1) "Equivalent violation" means a violation of a municipal	6516
ordinance, law of another state, or law of the United States that	6517
is substantially equivalent to division (A) or (B) of this	6518
section.	6519

(2) "National highway traffic safety administration" has the	6520
same meaning as in section 4511.19 of the Revised Code.	6521

(3) "Operate" means that a vessel is being used on the waters	6522
in this state when the vessel is not securely affixed to a dock or	6523
to shore or to any permanent structure to which the vessel has the	6524
right to affix or that a vessel is not anchored in a designated	6525
anchorage area or boat camping area that is established by the	6526
United States coast guard, this state, or a political subdivision	6527
and in which the vessel has the right to anchor.	6528

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	6529
motorcycle, and all-purpose vehicle required to be registered	6530
under section 4519.02 of the Revised Code shall file an	6531
application for registration under section 4519.03 of the Revised	6532
Code. The owner of a motor vehicle, other than a snowmobile,	6533
off-highway motorcycle, or all-purpose vehicle, that is not	6534
designed and constructed by the manufacturer for operation on a	6535
street or highway may not register it under this chapter except	6536
upon certification of inspection pursuant to section 4513.02 of	6537
the Revised Code by the sheriff, or the chief of police of the	6538
municipal corporation or township, with jurisdiction over the	6539
political subdivision in which the owner of the motor vehicle	6540
resides. Except as provided in section 4503.103 of the Revised	6541
Code, every owner of every other motor vehicle not previously	6542
described in this section and every person mentioned as owner in	6543
the last certificate of title of a motor vehicle that is operated	6544
or driven upon the public roads or highways shall cause to be	6545
filed each year, by mail or otherwise, in the office of the	6546
registrar of motor vehicles or a deputy registrar, a written or	6547
electronic application or a preprinted registration renewal notice	6548
issued under section 4503.102 of the Revised Code, the form of	6549
which shall be prescribed by the registrar, for registration for	6550
the following registration year, which shall begin on the first	6551
day of January of every calendar year and end on the thirty-first	6552
day of December in the same year. Applications for registration	6553
and registration renewal notices shall be filed at the times	6554
established by the registrar pursuant to section 4503.101 of the	6555
Revised Code. A motor vehicle owner also may elect to apply for or	6556
renew a motor vehicle registration by electronic means using	6557
electronic signature in accordance with rules adopted by the	6558
registrar. Except as provided in division (J) of this section,	6559
applications for registration shall be made on blanks furnished by	6560
the registrar for that purpose, containing the following	6561
information:	6562

(1) A brief description of the motor vehicle to be	6563
registered, including the name of the manufacturer, the factory	6564
number of the vehicle, the year's model, and, in the case of	6565
commercial cars, the gross weight of the vehicle fully equipped	6566
computed in the manner prescribed in section 4503.08 of the	6567
Revised Code;	6568

(2) The name and residence address of the owner, and the	6569
township and municipal corporation in which the owner resides;	6570

(3) The district of registration, which shall be determined	6571
as follows:	6572

(a) In case the motor vehicle to be registered is used for	6573
hire or principally in connection with any established business or	6574
branch business, conducted at a particular place, the district of	6575
registration is the municipal corporation in which that place is	6576
located or, if not located in any municipal corporation, the	6577
county and township in which that place is located.	6578

(b) In case the vehicle is not so used, the district of	6579
registration is the municipal corporation or county in which the	6580
owner resides at the time of making the application.	6581

(4) Whether the motor vehicle is a new or used motor vehicle;

6582

(5) The date of purchase of the motor vehicle;

6583

(6) Whether the fees required to be paid for the registration	6584
or transfer of the motor vehicle, during the preceding	6585
registration year and during the preceding period of the current	6586
registration year, have been paid. Each application for	6587
registration shall be signed by the owner, either manually or by	6588
electronic signature, or pursuant to obtaining a limited power of	6589
attorney authorized by the registrar for registration, or other	6590
document authorizing such signature. If the owner elects to apply	6591
for or renew the motor vehicle registration with the registrar by	6592
electronic means, the owner's manual signature is not required.	6593

(7) The owner's social security number, if assigned, or,	6594
where a motor vehicle to be registered is used for hire or	6595
principally in connection with any established business, the	6596
owner's federal taxpayer identification number. The bureau of	6597
motor vehicles shall retain in its records all social security	6598
numbers provided under this section, but the bureau shall not	6599
place social security numbers on motor vehicle certificates of	6600
registration.	6601

(B) Each time an applicant first registers a motor vehicle in	6602
the applicant's name, the applicant shall present for inspection a	6603
physical certificate of title or memorandum certificate showing	6604
title to the motor vehicle to be registered in the name of the	6605
applicant if a physical certificate of title or memorandum	6606
certificate has been issued by a clerk of a court of common pleas.	6607
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	6608
Code, a clerk instead has issued an electronic certificate of	6609
title for the applicant's motor vehicle, that certificate may be	6610
presented for inspection at the time of first registration in a	6611
manner prescribed by rules adopted by the registrar. When a motor	6612
vehicle inspection and maintenance program is in effect under	6613
section 3704.14 of the Revised Code and rules adopted under it,	6614
each application for registration for a vehicle required to be	6615
inspected under that section and those rules shall be accompanied	6616
by an inspection certificate for the motor vehicle issued in	6617
accordance with that section. The application shall be refused if	6618
any of the following applies:	6619

(1) The application is not in proper form.

6620

(2) The application is prohibited from being accepted by	6621
division (D) of section 2935.27, division (A) of section 2937.221,	6622
division (A) of section 4503.13, division (B) of section 4510.22,	6623
or division (B)(1) of section 4521.10 of the Revised Code.	6624

(3) A certificate of title or memorandum certificate of title	6625
does not accompany the application or, in the case of an	6626
electronic certificate of title, is not presented in a manner	6627
prescribed by the registrar's rules.	6628

(4) All registration and transfer fees for the motor vehicle,	6629
for the preceding year or the preceding period of the current	6630
registration year, have not been paid.	6631

(5) The owner or lessee does not have an inspection	6632
certificate for the motor vehicle as provided in section 3704.14	6633
of the Revised Code, and rules adopted under it, if that section	6634
is applicable.	6635

This section does not require the payment of license or	6636
registration taxes on a motor vehicle for any preceding year, or	6637
for any preceding period of a year, if the motor vehicle was not	6638
taxable for that preceding year or period under sections 4503.02,	6639
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	6640
Revised Code. When a certificate of registration is issued upon	6641
the first registration of a motor vehicle by or on behalf of the	6642
owner, the official issuing the certificate shall indicate the	6643
issuance with a stamp on the certificate of title or memorandum	6644
certificate or, in the case of an electronic certificate of title,	6645
an electronic stamp or other notation as specified in rules	6646
adopted by the registrar, and with a stamp on the inspection	6647
certificate for the motor vehicle, if any. The official also shall	6648
indicate, by a stamp or by other means the registrar prescribes,	6649
on the registration certificate issued upon the first registration	6650
of a motor vehicle by or on behalf of the owner the odometer	6651
reading of the motor vehicle as shown in the odometer statement	6652
included in or attached to the certificate of title. Upon each	6653
subsequent registration of the motor vehicle by or on behalf of	6654
the same owner, the official also shall so indicate the odometer	6655
reading of the motor vehicle as shown on the immediately preceding	6656
certificate of registration.	6657

The registrar shall include in the permanent registration	6658
record of any vehicle required to be inspected under section	6659
3704.14 of the Revised Code the inspection certificate number from	6660
the inspection certificate that is presented at the time of	6661
registration of the vehicle as required under this division.	6662

(C)(1) Commencing with each registration renewal with an	6663
expiration date on or after October 1, 2003, and for each initial	6664
application for registration received on and after that date, the	6665
registrar and each deputy registrar shall collect an additional	6666
fee of eleven dollars for each application for registration and	6667
registration renewal received. The additional fee is for the	6668
purpose of defraying the department of public safety's costs	6669
associated with the administration and enforcement of the motor	6670
vehicle and traffic laws of Ohio. Each deputy registrar shall	6671
transmit the fees collected under division (C)(1) of this section	6672
in the time and manner provided in this section. The registrar	6673
shall deposit all moneys received under division (C)(1) of this	6674
section into the state highway safety fund established in section	6675
4501.06 of the Revised Code.	6676

(2) In addition, a charge of twenty-five cents shall be made	6677
for each reflectorized safety license plate issued, and a single	6678
charge of twenty-five cents shall be made for each county	6679
identification sticker or each set of county identification	6680
stickers issued, as the case may be, to cover the cost of	6681
producing the license plates and stickers, including material,	6682
manufacturing, and administrative costs. Those fees shall be in	6683
addition to the license tax. If the total cost of producing the	6684
plates is less than twenty-five cents per plate, or if the total	6685
cost of producing the stickers is less than twenty-five cents per	6686
sticker or per set issued, any excess moneys accruing from the	6687
fees shall be distributed in the same manner as provided by	6688
section 4501.04 of the Revised Code for the distribution of	6689
license tax moneys. If the total cost of producing the plates	6690
exceeds twenty-five cents per plate, or if the total cost of	6691
producing the stickers exceeds twenty-five cents per sticker or	6692
per set issued, the difference shall be paid from the license tax	6693
moneys collected pursuant to section 4503.02 of the Revised Code.	6694

(D) Each deputy registrar shall be allowed a fee of two	6695
dollars and seventy-five cents commencing on July 1, 2001, three	6696
dollars and twenty-five cents commencing on January 1, 2003, and	6697
three dollars and fifty cents commencing on January 1, 2004, for	6698
each application for registration and registration renewal notice	6699
the deputy registrar receives, which shall be for the purpose of	6700
compensating the deputy registrar for the deputy registrar's	6701
services, and such office and rental expenses, as may be necessary	6702
for the proper discharge of the deputy registrar's duties in the	6703
receiving of applications and renewal notices and the issuing of	6704
registrations.	6705

(E) Upon the certification of the registrar, the county	6706
sheriff or local police officials shall recover license plates	6707
erroneously or fraudulently issued.	6708

(F) Each deputy registrar, upon receipt of any application	6709
for registration or registration renewal notice, together with the	6710
license fee and any local motor vehicle license tax levied	6711
pursuant to Chapter 4504. of the Revised Code, shall transmit that	6712
fee and tax, if any, in the manner provided in this section,	6713
together with the original and duplicate copy of the application,	6714
to the registrar. The registrar, subject to the approval of the	6715
director of public safety, may deposit the funds collected by	6716
those deputies in a local bank or depository to the credit of the	6717
"state of Ohio, bureau of motor vehicles." Where a local bank or	6718
depository has been designated by the registrar, each deputy	6719
registrar shall deposit all moneys collected by the deputy	6720
registrar into that bank or depository not more than one business	6721
day after their collection and shall make reports to the registrar	6722
of the amounts so deposited, together with any other information,	6723
some of which may be prescribed by the treasurer of state, as the	6724
registrar may require and as prescribed by the registrar by rule.	6725
The registrar, within three days after receipt of notification of	6726
the deposit of funds by a deputy registrar in a local bank or	6727
depository, shall draw on that account in favor of the treasurer	6728
of state. The registrar, subject to the approval of the director	6729
and the treasurer of state, may make reasonable rules necessary	6730
for the prompt transmittal of fees and for safeguarding the	6731
interests of the state and of counties, townships, municipal	6732
corporations, and transportation improvement districts levying	6733
local motor vehicle license taxes. The registrar may pay service	6734
charges usually collected by banks and depositories for such	6735
service. If deputy registrars are located in communities where	6736
banking facilities are not available, they shall transmit the fees	6737
forthwith, by money order or otherwise, as the registrar, by rule	6738
approved by the director and the treasurer of state, may	6739
prescribe. The registrar may pay the usual and customary fees for	6740
such service.	6741

(G) This section does not prevent any person from making an	6742
application for a motor vehicle license directly to the registrar	6743
by mail, by electronic means, or in person at any of the	6744
registrar's offices, upon payment of a service fee of two dollars	6745
and seventy-five cents commencing on July 1, 2001, three dollars	6746
and twenty-five cents commencing on January 1, 2003, and three	6747
dollars and fifty cents commencing on January 1, 2004, for each	6748
application.	6749

(H) No person shall make a false statement as to the district	6750
of registration in an application required by division (A) of this	6751
section. Violation of this division is falsification under section	6752
2921.13 of the Revised Code and punishable as specified in that	6753
section.	6754

(I)(1) Where applicable, the requirements of division (B) of	6755
this section relating to the presentation of an inspection	6756
certificate issued under section 3704.14 of the Revised Code and	6757
rules adopted under it for a motor vehicle, the refusal of a	6758
license for failure to present an inspection certificate, and the	6759
stamping of the inspection certificate by the official issuing the	6760
certificate of registration apply to the registration of and	6761
issuance of license plates for a motor vehicle under sections	6762
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	6763
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	6764
4503.47, and 4503.51 of the Revised Code.	6765

(2)(a) The registrar shall adopt rules ensuring that each	6766
owner registering a motor vehicle in a county where a motor	6767
vehicle inspection and maintenance program is in effect under	6768
section 3704.14 of the Revised Code and rules adopted under it	6769
receives information about the requirements established in that	6770
section and those rules and about the need in those counties to	6771
present an inspection certificate with an application for	6772
registration or preregistration.	6773

(b) Upon request, the registrar shall provide the director of	6774
environmental protection, or any person that has been awarded a	6775
contract under division (D) of section 3704.14 of the Revised	6776
Code, an on-line computer data link to registration information	6777
for all passenger cars, noncommercial motor vehicles, and	6778
commercial cars that are subject to that section. The registrar	6779
also shall provide to the director of environmental protection a	6780
magnetic data tape containing registration information regarding	6781
passenger cars, noncommercial motor vehicles, and commercial cars	6782
for which a multi-year registration is in effect under section	6783
4503.103 of the Revised Code or rules adopted under it, including,	6784
without limitation, the date of issuance of the multi-year	6785
registration, the registration deadline established under rules	6786
adopted under section 4503.101 of the Revised Code that was	6787
applicable in the year in which the multi-year registration was	6788
issued, and the registration deadline for renewal of the	6789
multi-year registration.	6790

(J) Application for registration under the international	6791
registration plan, as set forth in sections 4503.60 to 4503.66 of	6792
the Revised Code, shall be made to the registrar on forms	6793
furnished by the registrar. In accordance with international	6794
registration plan guidelines and pursuant to rules adopted by the	6795
registrar, the forms shall include the following:	6796

(1) A uniform mileage schedule;

6797

(2) The gross vehicle weight of the vehicle or combined gross	6798
vehicle weight of the combination vehicle as declared by the	6799
registrant;	6800

(3) Any other information the registrar requires by rule.

6801

Sec. 4503.11.  (A) Except as provided by sections 4503.103,	6802
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no	6803
person who is the owner or chauffeur of a motor vehicle operated	6804
or driven upon the public roads or highways shall fail to file	6805
annually the application for registration or to pay the tax	6806
therefor.	6807

(B) Except as provided by sections 4503.12 and 4503.16 of the	6808
Revised Code, the taxes payable on all applications made under	6809
sections 4503.10 and 4503.102 of the Revised Code shall be the sum	6810
of the tax due under division (B)(1)(a) or (b) of this section	6811
plus the tax due under division (B)(2)(a) or (b) of this section:	6812

(1)(a) If the application is made before the second month of	6813
the current registration period to which the motor vehicle is	6814
assigned as provided in section 4503.101 of the Revised Code, the	6815
tax due is the full amount of the tax provided in section 4503.04	6816
of the Revised Code;	6817

(b) If the application is made during or after the second	6818
month of the current registration period to which the motor	6819
vehicle is assigned as provided in section 4503.101 of the Revised	6820
Code, and prior to the beginning of the next such registration	6821
period, the amount of the tax provided in section 4503.04 of the	6822
Revised Code shall be reduced by one-twelfth of the amount of such	6823
tax, rounded upward to the nearest cent, multiplied by the number	6824
of full months that have elapsed in the current registration	6825
period. The resulting amount shall be rounded upward to the next	6826
highest dollar and shall be the amount of tax due.	6827

(2)(a) If the application is made before the sixth month of	6828
the current registration period to which the motor vehicle is	6829
assigned as provided in section 4503.101 of the Revised Code, the	6830
amount of tax due is the full amount of local motor vehicle	6831
license taxes levied under Chapter 4504. of the Revised Code;	6832

(b) If the application is made during or after the sixth	6833
month of the current registration period to which the motor	6834
vehicle is assigned as provided in section 4503.101 of the Revised	6835
Code and prior to the beginning of the next such registration	6836
period, the amount of tax due is one-half of the amount of local	6837
motor vehicle license taxes levied under Chapter 4504. of the	6838
Revised Code.	6839

(C) The taxes payable on all applications made under division	6840
(A)(1)(b) of section 4503.103 of the Revised Code shall be the sum	6841
of the tax due under division (B)(1)(a) or (b) of this section	6842
plus the tax due under division (B)(2)(a) or (b) of this section	6843
for the first year plus the full amount of the tax provided in	6844
section 4503.04 of the Revised Code and the full amount of local	6845
motor vehicle license taxes levied under Chapter 4504. of the	6846
Revised Code for the second year.	6847

(D) Whoever violates this section is guilty of a misdemeanor	6848
of the fourth degree.	6849

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	6850
application and proof of purchase of the vehicle, may be issued a	6851
temporary license placard or windshield sticker for the motor	6852
vehicle.	6853

The purchaser of a vehicle applying for a temporary license	6854
placard or windshield sticker under this section shall execute an	6855
affidavit stating that the purchaser has not been issued	6856
previously during the current registration year a license plate	6857
that could legally be transferred to the vehicle.	6858

Placards or windshield stickers shall be issued only for the	6859
applicant's use of the vehicle to enable the applicant to legally	6860
operate the motor vehicle while proper title, license plates, and	6861
a certificate of registration are being obtained, and shall be	6862
displayed on no other motor vehicle.	6863

Placards or windshield stickers issued under this section are	6864
valid for a period of thirty days from date of issuance and are	6865
not transferable or renewable.	6866

The fee for the placards or windshield stickers is two	6867
dollars plus a deputy registrar service fee of two dollars and	6868
seventy-five cents commencing on July 1, 2001, three dollars and	6869
twenty-five cents commencing on January 1, 2003, and three dollars	6870
and fifty cents commencing on January 1, 2004, for each placard	6871
issued by a deputy registrar.	6872

(B) The registrar of motor vehicles may issue to a motorized	6873
bicycle dealer or a licensed motor vehicle dealer temporary	6874
license placards to be issued to purchasers for use on vehicles	6875
sold by the dealer, in accordance with rules prescribed by the	6876
registrar. The dealer shall notify the registrar, within	6877
forty-eight hours, of the issuance of a placard by electronic	6878
means via computer equipment purchased and maintained by the	6879
dealer or in any other manner prescribed by the registrar.	6880

The fee for each placard issued by the registrar to a	6881
licensed motor vehicle dealer is two dollars plus a fee of two	6882
dollars and seventy-five cents commencing on July 1, 2001, three	6883
dollars and twenty-five cents commencing on January 1, 2003, and	6884
three dollars and fifty cents commencing on January 1, 2004.	6885

(C) The registrar of motor vehicles, at the registrar's	6886
discretion, may issue a temporary license placard. Such a placard	6887
may be issued in the case of extreme hardship encountered by a	6888
citizen from this state or another state who has attempted to	6889
comply with all registration laws, but for extreme circumstances	6890
is unable to properly register the citizen's vehicle.	6891

(D) In addition to the fees charged under divisions (A) and	6892
(B) of this section, commencing on October 1, 2003, the registrar	6893
and each deputy registrar shall collect a fee of five dollars for	6894
each temporary license placard issued. The additional fee is for	6895
the purpose of defraying the department of public safety's costs	6896
associated with the administration and enforcement of the motor	6897
vehicle and traffic laws of Ohio. Each deputy registrar shall	6898
transmit the fees collected under this division in the same manner	6899
as provided for transmission of fees collected under division (A)	6900
of this section. The registrar shall deposit all moneys received	6901
under this division into the state highway safety fund established	6902
in section 4501.06 of the Revised Code.	6903

(E) The registrar shall adopt rules, in accordance with	6904
division (B) of section 111.15 of the Revised Code, to specify the	6905
procedures for reporting the information from applications for	6906
temporary license placards and windshield stickers and for	6907
providing the information from these applications to law	6908
enforcement agencies.	6909

(E)(F) Temporary license placards issued under this section	6910
shall bear a distinctive combination of seven letters, numerals,	6911
or letters and numerals, and shall incorporate a security feature	6912
that, to the greatest degree possible, prevents tampering with any	6913
of the information that is entered upon a placard when it is	6914
issued.	6915

(F)(G) Whoever violates division (A) of this section is	6916
guilty of a misdemeanor of the fourth degree. Whoever violates	6917
division (B) of this section is guilty of a misdemeanor of the	6918
first degree.	6919

(G)(H) As used in this section, "motorized bicycle dealer"	6920
means any person engaged in the business of selling at retail,	6921
displaying, offering for sale, or dealing in motorized bicycles	6922
who is not subject to section 4503.09 of the Revised Code.	6923

Sec. 4511.19.  (A) No person shall operate any vehicle,	6924
streetcar, or trackless trolley within this state, if, at the time	6925
of the operation, any of the following apply:	6926

(1) The person is under the influence of alcohol, a drug of	6927
abuse, or a combination of them;.	6928

(2) The person has a concentration of ten-hundredths	6929
eight-hundredths of one per cent or more but less than	6930
seventeen-hundredths of one per cent by weight per unit volume of	6931
alcohol in the person's whole blood;.	6932

(3) The person has a concentration of twelve-hundredths	6933
ninety-six-thousandths of one per cent or more but less than two	6934
hundred four-thousandths of one per cent by weight per unit volume	6935
of alcohol in the person's blood serum or plasma;.	6936

(4) The person has a concentration of ten-hundredths	6937
eight-hundredths of one gram or more but less than	6938
seventeen-hundredths of one gram by weight of alcohol per two	6939
hundred ten liters of the person's breath;.	6940

(5) The person has a concentration of fourteen-hundredths	6941
eleven-hundredths of one gram or more but less than two hundred	6942
thirty-eight-thousandths of one gram by weight of alcohol per one	6943
hundred milliliters of the person's urine;.	6944

(6) The person has a concentration of seventeen-hundredths of	6945
one per cent or more by weight per unit volume of alcohol in the	6946
person's whole blood;.	6947

(7) The person has a concentration of two hundred	6948
four-thousandths of one per cent or more by weight per unit volume	6949
of alcohol in the person's blood serum or plasma;.	6950

(8) The person has a concentration of seventeen-hundredths of	6951
one gram or more by weight of alcohol per two hundred ten liters	6952
of the person's breath;.	6953

(9) The person has a concentration of two hundred	6954
thirty-eight-thousandths of one gram or more by weight of alcohol	6955
per one hundred milliliters of the person's urine.	6956

(B) No person under twenty-one years of age shall operate any	6957
vehicle, streetcar, or trackless trolley within this state, if, at	6958
the time of the operation, any of the following apply:	6959

(1) The person has a concentration of at least two-hundredths	6960
of one per cent but less than ten-hundredthseight-hundredths of	6961
one per cent by weight per unit volume of alcohol in the person's	6962
whole blood;.	6963

(2) The person has a concentration of at least	6964
three-hundredths of one per cent but less than twelve-hundredths	6965
ninety-six-thousandths of one per cent by weight per unit volume	6966
of alcohol in the person's blood serum or plasma;.	6967

(3) The person has a concentration of at least two-hundredths	6968
of one gram but less than ten-hundredthseight-hundredths of one	6969
gram by weight of alcohol per two hundred ten liters of the	6970
person's breath;.	6971

(4) The person has a concentration of at least twenty-eight	6972
one-thousandths of one gram but less than fourteen-hundredths	6973
eleven-hundredths of one gram by weight of alcohol per one hundred	6974
milliliters of the person's urine.	6975

(C) In any proceeding arising out of one incident, a person	6976
may be charged with a violation of division (A)(1) and a violation	6977
of division (B)(1), (2), or (3) of this section, but the person	6978
may not be convicted of more than one violation of these	6979
divisions.	6980

(D)(1) In any criminal prosecution or juvenile court	6981
proceeding for a violation of division (A) or (B) of this section	6982
or for an equivalent offense, the court may admit evidence on the	6983
concentration of alcohol, drugs of abuse, or a combination of them	6984
in the defendant's whole blood, blood serum or plasma, breath,	6985
urine, or other bodily substance at the time of the alleged	6986
violation as shown by chemical analysis of the substance withdrawn	6987
within two hours of the time of the alleged violation.	6988

When a person submits to a blood test at the request of a law	6989
enforcement officer under section 4511.191 of the Revised Code,	6990
only a physician, a registered nurse, or a qualified technician,	6991
chemist, or phlebotomist shall withdraw blood for the purpose of	6992
determining the alcohol, drug, or alcohol and drug content of the	6993
whole blood, blood serum, or blood plasma. This limitation does	6994
not apply to the taking of breath or urine specimens. A person	6995
authorized to withdraw blood under this division may refuse to	6996
withdraw blood under this division, if in that person's opinion,	6997
the physical welfare of the person would be endangered by the	6998
withdrawing of blood.	6999

The bodily substance withdrawn shall be analyzed in	7000
accordance with methods approved by the director of health by an	7001
individual possessing a valid permit issued by the director	7002
pursuant to section 3701.143 of the Revised Code.	7003

(2) In a criminal prosecution or juvenile court proceeding	7004
for a violation of division (A) of this section or for an	7005
equivalent offense, if there was at the time the bodily substance	7006
was withdrawn a concentration of less than the applicable	7007
concentration of alcohol specified in divisions (A)(2), (3), (4),	7008
and (5) of this section, that fact may be considered with other	7009
competent evidence in determining the guilt or innocence of the	7010
defendant. This division does not limit or affect a criminal	7011
prosecution or juvenile court proceeding for a violation of	7012
division (B) of this section or for an equivalent offense that is	7013
substantially equivalent to that division.	7014

(3) Upon the request of the person who was tested, the	7015
results of the chemical test shall be made available to the person	7016
or the person's attorney, immediately upon the completion of the	7017
chemical test analysis.	7018

The person tested may have a physician, a registered nurse,	7019
or a qualified technician, chemist, or phlebotomist of the	7020
person's own choosing administer a chemical test or tests, at the	7021
person's expense, in addition to any administered at the request	7022
of a law enforcement officer. The form to be read to the person to	7023
be tested, as required under section 4511.192 of the Revised Code,	7024
shall state that the person may have an independent test performed	7025
at the person's expense. The failure or inability to obtain an	7026
additional chemical test by a person shall not preclude the	7027
admission of evidence relating to the chemical test or tests taken	7028
at the request of a law enforcement officer.	7029

(4)(a) As used in divisions (D)(4)(b) and (c) of this	7030
section, "national highway traffic safety administration" means	7031
the national highway traffic safety administration established as	7032
an administration of the United States department of	7033
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	7034

(b) In any criminal prosecution or juvenile court proceeding	7035
for a violation of division (A) or (B) of this section, of a	7036
municipal ordinance relating to operating a vehicle while under	7037
the influence of alcohol, a drug of abuse, or alcohol and a drug	7038
of abuse, or of a municipal ordinance relating to operating a	7039
vehicle with a prohibited concentration of alcohol in the blood,	7040
breath, or urine, if a law enforcement officer has administered a	7041
field sobriety test to the operator of the vehicle involved in the	7042
violation and if it is shown by clear and convincing evidence that	7043
the officer administered the test in substantial compliance with	7044
the testing standards for any reliable, credible, and generally	7045
accepted field sobriety tests that were in effect at the time the	7046
tests were administered, including, but not limited to, any	7047
testing standards then in effect that were set by the national	7048
highway traffic safety administration, all of the following apply:	7049

(i) The officer may testify concerning the results of the	7050
field sobriety test so administered.	7051

(ii) The prosecution may introduce the results of the field	7052
sobriety test so administered as evidence in any proceedings in	7053
the criminal prosecution or juvenile court proceeding.	7054

(iii) If testimony is presented or evidence is introduced	7055
under division (D)(4)(b)(i) or (ii) of this section and if the	7056
testimony or evidence is admissible under the Rules of Evidence,	7057
the court shall admit the testimony or evidence and the trier of	7058
fact shall give it whatever weight the trier of fact considers to	7059
be appropriate.	7060

(c) Division (D)(4)(b) of this section does not limit or	7061
preclude a court, in its determination of whether the arrest of a	7062
person was supported by probable cause or its determination of any	7063
other matter in a criminal prosecution or juvenile court	7064
proceeding of a type described in that division, from considering	7065
evidence or testimony that is not otherwise disallowed by division	7066
(D)(4)(b) of this section.	7067

(E)(1) Subject to division (E)(3) of this section, in any	7068
criminal prosecution or juvenile court proceeding for a violation	7069
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	7070
(B)(1), (2), (3), or (4) of this section or for an equivalent	7071
offense that is substantially equivalent to any of those	7072
divisions, a laboratory report from any forensic laboratory	7073
certified by the department of health that contains an analysis of	7074
the whole blood, blood serum or plasma, breath, urine, or other	7075
bodily substance tested and that contains all of the information	7076
specified in this division shall be admitted as prima-facie	7077
evidence of the information and statements that the report	7078
contains. The laboratory report shall contain all of the	7079
following:	7080

(a) The signature, under oath, of any person who performed	7081
the analysis;	7082

(b) Any findings as to the identity and quantity of alcohol,	7083
a drug of abuse, or a combination of them that was found;	7084

(c) A copy of a notarized statement by the laboratory	7085
director or a designee of the director that contains the name of	7086
each certified analyst or test performer involved with the report,	7087
the analyst's or test performer's employment relationship with the	7088
laboratory that issued the report, and a notation that performing	7089
an analysis of the type involved is part of the analyst's or test	7090
performer's regular duties;	7091

(d) An outline of the analyst's or test performer's	7092
education, training, and experience in performing the type of	7093
analysis involved and a certification that the laboratory	7094
satisfies appropriate quality control standards in general and, in	7095
this particular analysis, under rules of the department of health.	7096

(2) Notwithstanding any other provision of law regarding the	7097
admission of evidence, a report of the type described in division	7098
(E)(1) of this section is not admissible against the defendant to	7099
whom it pertains in any proceeding, other than a preliminary	7100
hearing or a grand jury proceeding, unless the prosecutor has	7101
served a copy of the report on the defendant's attorney or, if the	7102
defendant has no attorney, on the defendant.	7103

(3) A report of the type described in division (E)(1) of this	7104
section shall not be prima-facie evidence of the contents,	7105
identity, or amount of any substance if, within seven days after	7106
the defendant to whom the report pertains or the defendant's	7107
attorney receives a copy of the report, the defendant or the	7108
defendant's attorney demands the testimony of the person who	7109
signed the report. The judge in the case may extend the seven-day	7110
time limit in the interest of justice.	7111

(F) Except as otherwise provided in this division, any	7112
physician, registered nurse, or qualified technician, chemist, or	7113
phlebotomist who withdraws blood from a person pursuant to this	7114
section, and any hospital, first-aid station, or clinic at which	7115
blood is withdrawn from a person pursuant to this section, is	7116
immune from criminal liability and civil liability based upon a	7117
claim of assault and battery or any other claim that is not a	7118
claim of malpractice, for any act performed in withdrawing blood	7119
from the person. The immunity provided in this division is not	7120
available to a person who withdraws blood if the person engages in	7121
willful or wanton misconduct.	7122

(G)(1) Whoever violates any provision of divisions (A)(1) to	7123
(9) of this section is guilty of operating a vehicle under the	7124
influence of alcohol, a drug of abuse, or a combination of them.	7125
The court shall sentence the offender under Chapter 2929. of the	7126
Revised Code, except as otherwise authorized or required by	7127
divisions (G)(1)(a) to (e) of this section:	7128

(a) Except as otherwise provided in division (G)(1)(b), (c),	7129
(d), or (e) of this section, the offender is guilty of a	7130
misdemeanor of the first degree, and the court shall sentence the	7131
offender to all of the following:	7132

(i) If the sentence is being imposed for a violation of	7133
division (A)(1), (2), (3), (4), or (5) of this section, a	7134
mandatory jail term of three consecutive days. As used in this	7135
division, three consecutive days means seventy-two consecutive	7136
hours. The court may sentence an offender to both an intervention	7137
program and a jail term. The court may impose a jail term in	7138
addition to the three-day mandatory jail term or intervention	7139
program. However, in no case shall the cumulative jail term	7140
imposed for the offense exceed six months.	7141

The court may suspend the execution of the three-day jail	7142
term under this division if the court, in lieu of that suspended	7143
term, places the offender on probation and requires the offender	7144
to attend, for three consecutive days, a drivers' intervention	7145
program certified under section 3793.10 of the Revised Code. The	7146
court also may suspend the execution of any part of the three-day	7147
jail term under this division if it places the offender on	7148
probation for part of the three days, requires the offender to	7149
attend for the suspended part of the term a drivers' intervention	7150
program so certified, and sentences the offender to a jail term	7151
equal to the remainder of the three consecutive days that the	7152
offender does not spend attending the program. The court may	7153
require the offender, as a condition of probation and in addition	7154
to the required attendance at a drivers' intervention program, to	7155
attend and satisfactorily complete any treatment or education	7156
programs that comply with the minimum standards adopted pursuant	7157
to Chapter 3793. of the Revised Code by the director of alcohol	7158
and drug addiction services that the operators of the drivers'	7159
intervention program determine that the offender should attend and	7160
to report periodically to the court on the offender's progress in	7161
the programs. The court also may impose on the offender any other	7162
conditions of probation that it considers necessary.	7163

(ii) If the sentence is being imposed for a violation of	7164
division (A)(6), (7), (8), or (9) of this section, except as	7165
otherwise provided in this division, a mandatory jail term of at	7166
least three consecutive days and a requirement that the offender	7167
attend, for three consecutive days, a drivers' intervention	7168
program that is certified pursuant to section 3793.10 of the	7169
Revised Code. As used in this division, three consecutive days	7170
means seventy-two consecutive hours. If the court determines that	7171
the offender is not conducive to treatment in a drivers'	7172
intervention program, if the offender refuses to attend a drivers'	7173
intervention program, or if the jail at which the offender is to	7174
serve the jail term imposed can provide a driver's intervention	7175
program, the court shall sentence the offender to a mandatory jail	7176
term of at least six consecutive days.	7177

The court may require the offender, as a condition of	7178
probation, to attend and satisfactorily complete any treatment or	7179
education programs that comply with the minimum standards adopted	7180
pursuant to Chapter 3793. of the Revised Code by the director of	7181
alcohol and drug addiction services, in addition to the required	7182
attendance at drivers' intervention program, that the operators of	7183
the drivers' intervention program determine that the offender	7184
should attend and to report periodically to the court on the	7185
offender's progress in the programs. The court also may impose any	7186
other conditions of probation on the offender that it considers	7187
necessary.	7188

(iii) In all cases, a fine of not less than two hundred fifty	7189
and not more than one thousand dollars;	7190

(iv) In all cases, a class five license suspension of the	7191
offender's driver's or commercial driver's license or permit or	7192
nonresident operating privilege from the range specified in	7193
division (A)(5) of section 4510.02 of the Revised Code. The court	7194
may grant limited driving privileges relative to the suspension	7195
under sections 4510.021 and 4510.13 of the Revised Code.	7196

(b) Except as otherwise provided in division (G)(1)(e) of	7197
this section, an offender who, within six years of the offense,	7198
previously has been convicted of or pleaded guilty to one	7199
violation of division (A) or (B) of this section or one other	7200
equivalent offense is guilty of a misdemeanor of the first degree.	7201
The court shall sentence the offender to all of the following:	7202

(i) If the sentence is being imposed for a violation of	7203
division (A)(1), (2), (3), (4), or (5) of this section, a	7204
mandatory jail term of ten consecutive days. The court shall	7205
impose the ten-day mandatory jail term under this division unless,	7206
subject to division (G)(3) of this section, it instead imposes a	7207
sentence under that division consisting of both a jail term and a	7208
term of electronically monitored house arrest. The court may	7209
impose a jail term in addition to the ten-day mandatory jail term.	7210
The cumulative jail term imposed for the offense shall not exceed	7211
six months.	7212

In addition to the jail term or the term of electronically	7213
monitored house arrest and jail term, the court may require the	7214
offender to attend a drivers' intervention program that is	7215
certified pursuant to section 3793.10 of the Revised Code. If the	7216
operator of the program determines that the offender is alcohol	7217
dependent, the program shall notify the court, and, subject to	7218
division (I) of this section, the court shall order the offender	7219
to obtain treatment through an alcohol and drug addiction program	7220
authorized by section 3793.02 of the Revised Code.	7221

(ii) If the sentence is being imposed for a violation of	7222
division (A)(6), (7), (8), or (9) of this section, except as	7223
otherwise provided in this division, a mandatory jail term of	7224
twenty consecutive days. The court shall impose the twenty-day	7225
mandatory jail term under this division unless, subject to	7226
division (G)(3) of this section, it instead imposes a sentence	7227
under that division consisting of both a jail term and a term of	7228
electronically monitored house arrest. The court may impose a jail	7229
term in addition to the twenty-day mandatory jail term. The	7230
cumulative jail term imposed for the offense shall not exceed six	7231
months.	7232

In addition to the jail term or the term of electronically	7233
monitored house arrest and jail term, the court may require the	7234
offender to attend a driver's intervention program that is	7235
certified pursuant to section 3793.10 of the Revised Code. If the	7236
operator of the program determines that the offender is alcohol	7237
dependent, the program shall notify the court, and, subject to	7238
division (I) of this section, the court shall order the offender	7239
to obtain treatment through an alcohol and drug addiction program	7240
authorized by section 3793.02 of the Revised Code.	7241

(iii) In all cases, notwithstanding the fines set forth in	7242
Chapter 2929. of the Revised Code, a fine of not less than three	7243
hundred fifty and not more than one thousand five hundred dollars;	7244

(iv) In all cases, a class four license suspension of the	7245
offender's driver's license, commercial driver's license,	7246
temporary instruction permit, probationary license, or nonresident	7247
operating privilege from the range specified in division (A)(4) of	7248
section 4510.02 of the Revised Code. The court may grant limited	7249
driving privileges relative to the suspension under sections	7250
4510.021 and 4510.13 of the Revised Code.	7251

(v) In all cases, if the vehicle is registered in the	7252
offender's name, immobilization of the vehicle involved in the	7253
offense for ninety days in accordance with section 4503.233 of the	7254
Revised Code and impoundment of the license plates of that vehicle	7255
for ninety days.	7256

(c) Except as otherwise provided in division (G)(1)(e) of	7257
this section, an offender who, within six years of the offense,	7258
previously has been convicted of or pleaded guilty to two	7259
violations of division (A) or (B) of this section or other	7260
equivalent offenses is guilty of a misdemeanor. The court shall	7261
sentence the offender to all of the following:	7262

(i) If the sentence is being imposed for a violation of	7263
division (A)(1), (2), (3), (4), or (5) of this section, a	7264
mandatory jail term of thirty consecutive days. The court shall	7265
impose the thirty-day mandatory jail term under this division	7266
unless, subject to division (G)(3) of this section, it instead	7267
imposes a sentence under that division consisting of both a jail	7268
term and a term of electronically monitored house arrest. The	7269
court may impose a jail term in addition to the thirty-day	7270
mandatory jail term. Notwithstanding the terms of imprisonment set	7271
forth in Chapter 2929. of the Revised Code, the additional jail	7272
term shall not exceed one year, and the cumulative jail term	7273
imposed for the offense shall not exceed one year.	7274

(ii) If the sentence is being imposed for a violation of	7275
division (A)(6), (7), (8), or (9) of this section, a mandatory	7276
jail term of sixty consecutive days. The court shall impose the	7277
sixty-day mandatory jail term under this division unless, subject	7278
to division (G)(3) of this section, it instead imposes a sentence	7279
under that division consisting of both a jail term and a term of	7280
electronically monitored house arrest. The court may impose a jail	7281
term in addition to the sixty-day mandatory jail term.	7282
Notwithstanding the terms of imprisonment set forth in Chapter	7283
2929. of the Revised Code, the additional jail term shall not	7284
exceed one year, and the cumulative jail term imposed for the	7285
offense shall not exceed one year.	7286

(iii) In all cases, notwithstanding the fines set forth in	7287
Chapter 2929. of the Revised Code, a fine of not less than five	7288
hundred fifty and not more than two thousand five hundred dollars;	7289

(iv) In all cases, a class three license suspension of the	7290
offender's driver's license, commercial driver's license,	7291
temporary instruction permit, probationary license, or nonresident	7292
operating privilege from the range specified in division (A)(3) of	7293
section 4510.02 of the Revised Code. The court may grant limited	7294
driving privileges relative to the suspension under sections	7295
4510.021 and 4510.13 of the Revised Code.	7296

(v) In all cases, if the vehicle is registered in the	7297
offender's name, criminal forfeiture of the vehicle involved in	7298
the offense in accordance with section 4503.234 of the Revised	7299
Code. Division (G)(6) of this section applies regarding any	7300
vehicle that is subject to an order of criminal forfeiture under	7301
this division.	7302

(vi) In all cases, participation in an alcohol and drug	7303
addiction program authorized by section 3793.02 of the Revised	7304
Code, subject to division (I) of this section.	7305

(d) Except as otherwise provided in division (G)(1)(e) of	7306
this section, an offender who, within six years of the offense,	7307
previously has been convicted of or pleaded guilty to three or	7308
more violations of division (A) or (B) of this section or other	7309
equivalent offenses is guilty of a felony of the fourth degree.	7310
The court shall sentence the offender to all of the following:	7311

(i) If the sentence is being imposed for a violation of	7312
division (A)(1), (2), (3), (4), or (5) of this section, in the	7313
discretion of the court, either a mandatory term of local	7314
incarceration of sixty consecutive days in accordance with	7315
division (G)(1) of section 2929.13 of the Revised Code or a	7316
mandatory prison term of sixty consecutive days of imprisonment in	7317
accordance with division (G)(2) of that section. If the court	7318
imposes a mandatory term of local incarceration, it may impose a	7319
jail term in addition to the sixty-day mandatory term, the	7320
cumulative total of the mandatory term and the jail term for the	7321
offense shall not exceed one year, and no prison term is	7322
authorized for the offense. If the court imposes a mandatory	7323
prison term, notwithstanding division (A)(4) of section 2929.14 of	7324
the Revised Code, it also may sentence the offender to a definite	7325
prison term that shall be not less than six months and not more	7326
than thirty months, the prison terms shall be imposed as described	7327
in division (G)(2) of section 2929.13 of the Revised Code, and no	7328
term of local incarceration, community residential sanction, or	7329
nonresidential sanction is authorized for the offense.	7330

(ii) If the sentence is being imposed for a violation of	7331
division (A)(6), (7), (8), or (9) of this section, in the	7332
discretion of the court, either a mandatory term of local	7333
incarceration of one hundred twenty consecutive days in accordance	7334
with division (G)(1) of section 2929.13 of the Revised Code or a	7335
mandatory prison term of one hundred twenty consecutive days in	7336
accordance with division (G)(2) of that section. If the court	7337
imposes a mandatory term of local incarceration, it may impose a	7338
jail term in addition to the one hundred twenty-day mandatory	7339
term, the cumulative total of the mandatory term and the jail term	7340
for the offense shall not exceed one year, and no prison term is	7341
authorized for the offense. If the court imposes a mandatory	7342
prison term, notwithstanding division (A)(4) of section 2929.14 of	7343
the Revised Code, it also may sentence the offender to a definite	7344
prison term that shall be not less than six months and not more	7345
than thirty months, the prison terms shall be imposed as described	7346
in division (G)(2) of section 2929.13 of the Revised Code, and no	7347
term of local incarceration, community residential sanction, or	7348
nonresidential sanction is authorized for the offense.	7349

(iii) In all cases, notwithstanding section 2929.18 of the	7350
Revised Code, a fine of not less than eight hundred nor more than	7351
ten thousand dollars;	7352

(iv) In all cases, a class two license suspension of the	7353
offender's driver's license, commercial driver's license,	7354
temporary instruction permit, probationary license, or nonresident	7355
operating privilege from the range specified in division (A)(2) of	7356
section 4510.02 of the Revised Code. The court may grant limited	7357
driving privileges relative to the suspension under sections	7358
4510.021 and 4510.13 of the Revised Code.	7359

(v) In all cases, if the vehicle is registered in the	7360
offender's name, criminal forfeiture of the vehicle involved in	7361
the offense in accordance with section 4503.234 of the Revised	7362
Code. Division (G)(6) of this section applies regarding any	7363
vehicle that is subject to an order of criminal forfeiture under	7364
this division.	7365

(vi) In all cases, participation in an alcohol and drug	7366
addiction program authorized by section 3793.02 of the Revised	7367
Code, subject to division (I) of this section.	7368

(vii) In all cases, if the court sentences the offender to a	7369
mandatory term of local incarceration, in addition to the	7370
mandatory term, the court, pursuant to section 2929.17 of the	7371
Revised Code, may impose a term of electronically monitored house	7372
arrest. The term shall not commence until after the offender has	7373
served the mandatory term of local incarceration.	7374

(e) An offender who previously has been convicted of or	7375
pleaded guilty to a violation of division (A) of this section that	7376
was a felony, regardless of when the violation and the conviction	7377
or guilty plea occurred, is guilty of a felony of the third	7378
degree. The court shall sentence the offender to all of the	7379
following:	7380

(i) If the offender is being sentenced for a violation of	7381
division (A)(1), (2), (3), (4), or (5) of this section, a	7382
mandatory prison term of sixty consecutive days in accordance with	7383
division (G)(2) of section 2929.13 of the Revised Code. The court	7384
may impose a prison term in addition to the sixty-day mandatory	7385
prison term. The cumulative total of the mandatory prison term and	7386
the additional prison term for the offense shall not exceed five	7387
years. No term of local incarceration, community residential	7388
sanction, or nonresidential sanction is authorized for the	7389
offense.	7390

(ii) If the sentence is being imposed for a violation of	7391
division (A)(6), (7), (8), or (9) of this section, a mandatory	7392
prison term of one hundred twenty consecutive days in accordance	7393
with division (G)(2) of section 2929.13 of the Revised Code. The	7394
court may impose a prison term in addition to the one hundred	7395
twenty-day mandatory prison term. The cumulative total of the	7396
mandatory prison term and the additional prison term for the	7397
offense shall not exceed five years. No term of local	7398
incarceration, community residential sanction, or nonresidential	7399
sanction is authorized for the offense.	7400

(iii) In all cases, notwithstanding section 2929.18 of the	7401
Revised Code, a fine of not less than eight hundred nor more than	7402
ten thousand dollars;	7403

(iv) In all cases, a class two license suspension of the	7404
offender's driver's license, commercial driver's license,	7405
temporary instruction permit, probationary license, or nonresident	7406
operating privilege from the range specified in division (A)(2) of	7407
section 4510.02 of the Revised Code. The court may grant limited	7408
driving privileges relative to the suspension under sections	7409
4510.021 and 4510.13 of the Revised Code.	7410

(v) In all cases, if the vehicle is registered in the	7411
offender's name, criminal forfeiture of the vehicle involved in	7412
the offense in accordance with section 4503.234 of the Revised	7413
Code. Division (G)(6) of this section applies regarding any	7414
vehicle that is subject to an order of criminal forfeiture under	7415
this division.	7416

(vi) In all cases, participation in an alcohol and drug	7417
addiction program authorized by section 3793.02 of the Revised	7418
Code, subject to division (I) of this section.	7419

(2) An offender who is convicted of or pleads guilty to a	7420
violation of division (A) of this section and who subsequently	7421
seeks reinstatement of the driver's or occupational driver's	7422
license or permit or nonresident operating privilege suspended	7423
under this section as a result of the conviction or guilty plea	7424
shall pay a reinstatement fee as provided in division (F)(2) of	7425
section 4511.191 of the Revised Code.	7426

(3) If an offender is sentenced to a jail term under division	7427
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	7428
if, within sixty days of sentencing of the offender, the court	7429
issues a written finding on the record that, due to the	7430
unavailability of space at the jail where the offender is required	7431
to serve the term, the offender will not be able to begin serving	7432
that term within the sixty-day period following the date of	7433
sentencing, the court may impose an alternative sentence under	7434
this division that includes a term of electronically monitored	7435
house arrest, as defined in section 2929.23 of the Revised Code.	7436

As an alternative to a mandatory jail term of ten consecutive	7437
days required by division (G)(1)(b)(i) of this section, the court,	7438
under this division, may sentence the offender to five consecutive	7439
days in jail and not less than eighteen consecutive days of	7440
electronically monitored house arrest. The cumulative total of the	7441
five consecutive days in jail and the period of electronically	7442
monitored house arrest shall not exceed six months. The five	7443
consecutive days in jail do not have to be served prior to or	7444
consecutively to the period of house arrest.	7445

As an alternative to the mandatory jail term of twenty	7446
consecutive days required by division (G)(1)(b)(ii) of this	7447
section, the court, under this division, may sentence the offender	7448
to ten consecutive days in jail and not less than thirty-six	7449
consecutive days of electronically monitored house arrest. The	7450
cumulative total of the ten consecutive days in jail and the	7451
period of electronically monitored house arrest shall not exceed	7452
six months. The ten consecutive days in jail do not have to be	7453
served prior to or consecutively to the period of house arrest.	7454

As an alternative to a mandatory jail term of thirty	7455
consecutive days required by division (G)(1)(c)(i) of this	7456
section, the court, under this division, may sentence the offender	7457
to fifteen consecutive days in jail and not less than fifty-five	7458
consecutive days of electronically monitored house arrest. The	7459
cumulative total of the fifteen consecutive days in jail and the	7460
period of electronically monitored house arrest shall not exceed	7461
one year. The fifteen consecutive days in jail do not have to be	7462
served prior to or consecutively to the period of house arrest.	7463

As an alternative to the mandatory jail term of sixty	7464
consecutive days required by division (G)(1)(c)(ii) of this	7465
section, the court, under this division, may sentence the offender	7466
to thirty consecutive days in jail and not less than one hundred	7467
ten consecutive days of electronically monitored house arrest. The	7468
cumulative total of the thirty consecutive days in jail and the	7469
period of electronically monitored house arrest shall not exceed	7470
one year. The thirty consecutive days in jail do not have to be	7471
served prior to or consecutively to the period of house arrest.	7472

(4) If an offender's driver's or occupational driver's	7473
license or permit or nonresident operating privilege is suspended	7474
under division (G) of this section and if section 4510.13 of the	7475
Revised Code permits the court to grant limited driving	7476
privileges, the court may grant the limited driving privileges	7477
only if the court imposes as one of the conditions of the	7478
privileges that the offender must display on the vehicle that is	7479
driven subject to the privileges restricted license plates that	7480
are issued under section 4503.231 of the Revised Code, except as	7481
provided in division (B) of that section.	7482

(5) Fines imposed under this section for a violation of	7483
division (A) of this section shall be distributed as follows:	7484

(a) Twenty-five dollars of the fine imposed under division	7485
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	7486
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	7487
fine imposed under division (G)(1)(c)(iii), and two hundred ten	7488
dollars of the fine imposed under division (G)(1)(d)(iii) or	7489
(e)(iii) of this section shall be paid to an enforcement and	7490
education fund established by the legislative authority of the law	7491
enforcement agency in this state that primarily was responsible	7492
for the arrest of the offender, as determined by the court that	7493
imposes the fine. The agency shall use this share to pay only	7494
those costs it incurs in enforcing this section or a municipal OVI	7495
ordinance and in informing the public of the laws governing the	7496
operation of a vehicle while under the influence of alcohol, the	7497
dangers of the operation of a vehicle under the influence of	7498
alcohol, and other information relating to the operation of a	7499
vehicle under the influence of alcohol and the consumption of	7500
alcoholic beverages.	7501

(b) Fifty dollars of the fine imposed under division	7502
(G)(1)(a)(iii) of this section shall be paid to the political	7503
subdivision that pays the cost of housing the offender during the	7504
offender's term of incarceration. If the offender is being	7505
sentenced for a violation of division (A)(1), (2), (3), (4), or	7506
(5) of this section and was confined as a result of the offense	7507
prior to being sentenced for the offense but is not sentenced to a	7508
term of incarceration, the fifty dollars shall be paid to the	7509
political subdivision that paid the cost of housing the offender	7510
during that period of confinement. The political subdivision shall	7511
use the share under this division to pay or reimburse	7512
incarceration or treatment costs it incurs in housing or providing	7513
drug and alcohol treatment to persons who violate this section or	7514
a municipal OVI ordinance, costs of any immobilizing or disabling	7515
device used on the offender's vehicle, and costs of electronic	7516
house arrest equipment needed for persons who violate this	7517
section.	7518

(c) Twenty-five dollars of the fine imposed under division	7519
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	7520
division (G)(1)(b)(iii) of this section shall be deposited into	7521
the county or municipal indigent drivers' alcohol treatment fund	7522
under the control of that court, as created by the county or	7523
municipal corporation under division (N) of section 4511.191 of	7524
the Revised Code.	7525

(d) One hundred fifteen dollars of the fine imposed under	7526
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	7527
fine imposed under division (G)(1)(c)(iii), and four hundred forty	7528
dollars of the fine imposed under division (G)(1)(d)(iii) or	7529
(e)(iii) of this section shall be paid to the political	7530
subdivision that pays the cost of housing the offender during the	7531
offender's term of incarceration. The political subdivision shall	7532
use this share to pay or reimburse incarceration or treatment	7533
costs it incurs in housing or providing drug and alcohol treatment	7534
to persons who violate this section or a municipal OVI ordinance,	7535
costs for any immobilizing or disabling device used on the	7536
offender's vehicle, and costs of electronic house arrest equipment	7537
needed for persons who violate this section.	7538

(e) The balance of the fine imposed under division	7539
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	7540
section shall be disbursed as otherwise provided by law.	7541

(6) If title to a motor vehicle that is subject to an order	7542
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	7543
this section is assigned or transferred and division (B)(2) or (3)	7544
of section 4503.234 of the Revised Code applies, in addition to or	7545
independent of any other penalty established by law, the court may	7546
fine the offender the value of the vehicle as determined by	7547
publications of the national auto dealers association. The	7548
proceeds of any fine so imposed shall be distributed in accordance	7549
with division (C)(2) of that section.	7550

(H) Whoever violates division (B) of this section is guilty	7551
of operating a vehicle after underage alcohol consumption and	7552
shall be punished as follows:	7553

(1) Except as otherwise provided in division (H)(2) of this	7554
section, the offender is guilty of a misdemeanor of the fourth	7555
degree. In addition to any other sanction imposed for the offense,	7556
the court shall impose a class six suspension of the offender's	7557
driver's license, commercial driver's license, temporary	7558
instruction permit, probationary license, or nonresident operating	7559
privilege from the range specified in division (A)(6) of section	7560
4510.02 of the Revised Code.	7561

(2) If, within one year of the offense, the offender	7562
previously has been convicted of or pleaded guilty to one or more	7563
violations of division (A) or (B) of this section or other	7564
equivalent offense offenses, the offender is guilty of a	7565
misdemeanor of the third degree. In addition to any other sanction	7566
imposed for the offense, the court shall impose a class four	7567
suspension of the offender's driver's license, commercial driver's	7568
license, temporary instruction permit, probationary license, or	7569
nonresident operating privilege from the range specified in	7570
division (A)(4) of section 4510.02 of the Revised Code.	7571

(I)(1) No court shall sentence an offender to an alcohol	7572
treatment program under this section unless the treatment program	7573
complies with the minimum standards for alcohol treatment programs	7574
adopted under Chapter 3793. of the Revised Code by the director of	7575
alcohol and drug addiction services.	7576

(2) An offender who stays in a drivers' intervention program	7577
or in an alcohol treatment program under an order issued under	7578
this section shall pay the cost of the stay in the program.	7579
However, if the court determines that an offender who stays in an	7580
alcohol treatment program under an order issued under this section	7581
is unable to pay the cost of the stay in the program, the court	7582
may order that the cost be paid from the court's indigent drivers'	7583
alcohol treatment fund.	7584

(J) If a person whose driver's or commercial driver's license	7585
or permit or nonresident operating privilege is suspended under	7586
this section files an appeal regarding any aspect of the person's	7587
trial or sentence, the appeal itself does not stay the operation	7588
of the suspension.	7589

(K) All terms defined in sections 4510.01 of the Revised Code	7590
apply to this section. If the meaning of a term defined in section	7591
4510.01 of the Revised Code conflicts with the meaning of the same	7592
term as defined in section 4501.01 or 4511.01 of the Revised Code,	7593
the term as defined in section 4510.01 of the Revised Code applies	7594
to this section.	7595

(L)(1) The Ohio Traffic Rules in effect on January 1, 2004,	7596
as adopted by the supreme court under authority of section 2937.46	7597
of the Revised Code, do not apply to felony violations of this	7598
section. Subject to division (L)(2) of this section, the Rules of	7599
Criminal Procedure apply to felony violations of this section.	7600

(2) If, on or after January 1, 2004, the supreme court	7601
modifies the Ohio Traffic Rules to provide procedures to govern	7602
felony violations of this section, the modified rules shall apply	7603
to felony violations of this section.	7604

Sec. 4513.111.  (A)(1) Every multi-wheel agricultural tractor	7605
whose model year was 2001 or earlier, when being operated or	7606
traveling on a street or highway at the times specified in section	7607
4513.03 of the Revised Code, at a minimum shall be equipped with	7608
and display reflectors and illuminated amber lamps so that the	7609
extreme left and right projections of the tractor are indicated by	7610
flashing lamps displaying amber light, visible to the front and	7611
the rear, by amber reflectors, all visible to the front, and by	7612
red reflectors, all visible to the rear.	7613

(2) The lamps displaying amber light need not flash	7614
simultaneously and need not flash in conjunction with any	7615
directional signals of the tractor.	7616

(3) The lamps and reflectors required by division (A)(1) of	7617
this section and their placement shall meet standards and	7618
specifications contained in rules adopted by the director of	7619
public safety in accordance with Chapter 119. of the Revised Code.	7620
The rules governing the amber lamps, amber reflectors, and red	7621
reflectors and their placement shall correlate with and, as far as	7622
possible, conform with paragraphs 4.1.4.1, 4.1.7.1, and 4.1.7.2	7623
respectively of the American society of agricultural engineers	7624
standard ANSI/ASAE S279.10 OCT98, lighting and marking of	7625
agricultural equipment on highways.	7626

(B) Every unit of farm machinery whose model year was 2002 or	7627
later, when being operated or traveling on a street or highway at	7628
the times specified in section 4513.03 of the Revised Code, shall	7629
be equipped with and display markings and illuminated lamps that	7630
meet or exceed the lighting, illumination, and marking standards	7631
and specifications that are applicable to that type of farm	7632
machinery for the unit's model year specified in the American	7633
society of agricultural engineers standard ANSI/ASAE S279.10 OCT98	7634
S279.11 APR01, lighting and marking of agricultural equipment on	7635
highways, or any subsequent revisions of that standard.	7636

(C) The lights and reflectors required by division (A) of	7637
this section are in addition to the slow-moving vehicle emblem and	7638
lights required or permitted by section 4513.11 or 4513.17 of the	7639
Revised Code to be displayed on farm machinery being operated or	7640
traveling on a street or highway.	7641

(D) No person shall operate any unit of farm machinery on a	7642
street or highway or cause any unit of farm machinery to travel on	7643
a street or highway in violation of division (A) or (B) of this	7644
section.	7645

(E) Whoever violates this section shall be punished as	7646
provided in section 4513.99 of the Revised Code.	7647

Section 5. That the existing versions of sections 1547.11,	7648
4503.10, 4503.11, 4503.182, 4511.19, and 4513.111 of the Revised	7649
Code that are scheduled to take effect January 1, 2004, are hereby	7650
repealed.	7651

Section 6. Sections 4 and 5 of this act take effect January	7652
1, 2004.	7653

Section 7. The amendment of section 4511.191 of the Revised	7654
Code by this act does not supersede the earlier amendment with	7655
delayed effective date of that section by Am. Sub. S.B. 123 of the	7656
124th General Assembly.	7657

Section 8. Upon the approval of the Legislative Service	7658
Commission, the staff of the Legislative Service Commission,	7659
beginning in January, 2006, shall conduct a study of force account	7660
limits established by this act for the Department of	7661
Transportation, counties, townships, and municipal corporations.	7662

The study shall consider the number of force account projects	7663
completed by the Department of Transportation and the political	7664
subdivisions and shall assess the use of taxpayer funds for those	7665
projects. The study shall discuss any measurable effects on	7666
economic development that may relate to specific force account	7667
projects. The study also shall address findings of the Auditor of	7668
State under section 117.16 of the Revised Code, including whether	7669
the Department of Transportation or political subdivisions were	7670
found to have violated the force account limits and whether any	7671
political subdivisions were subject to reduced force account	7672
limits as a result of the audits.	7673

If approved by the Commission, the staff shall submit a	7674
report on the study to the General Assembly not later than January	7675
1, 2007.	7676

Section 9. From July 1, 2003, through June 30, 2005, three or	7677
fewer steel coils are deemed to be a nondivisible load for	7678
purposes of special permits issued under section 4513.34 of the	7679
Revised Code, provided that the maximum overall gross vehicle	7680
weight of the vehicle and load shall not exceed ninety-two	7681
thousand pounds.	7682

Section 10.  Except as otherwise provided, all appropriation	7683
items in this act are hereby appropriated out of any moneys in the	7684
state treasury to the credit of the designated fund, which are not	7685
otherwise appropriated. For all appropriations made in this act,	7686
the amounts in the first column are for fiscal year 2004 and the	7687
amounts in the second column are for fiscal year 2005.	7688

Section 11.  DOT DEPARTMENT OF TRANSPORTATION

7689

FUND

TITLE

FY 2004

FY 2005

7690

Transportation Planning and Research

7691

Highway Operating Fund Group

7692

002	771-411		Planning and Research - State		$	14,548,950		$	15,070,100		7693
002	771-412		Planning and Research - Federal		$	35,193,300		$	35,644,900		7694
TOTAL HOF Highway Operating											7695
Fund Group					$	49,742,250		$	50,715,000		7696
TOTAL ALL BUDGET FUND GROUPS -											7697
Transportation Planning											7698
and Research					$	49,742,250		$	50,715,000		7699

Highway Construction

7700

Highway Operating Fund Group

7701

002	772-421		Highway Construction - State		$	485,577,430		$	442,367,300		7702
002	772-422		Highway Construction - Federal		$	762,964,700		$	766,001,700		7703
002	772-424		Highway Construction - Other		$	70,000,000		$	51,000,000		7704
212	770-005		Infrastructure Debt Service - Federal		$	72,064,200		$	78,696,100		7705
212	772-423		Infrastructure Lease Payments - Federal		$	12,537,800		$	12,537,300		7706
212	772-426		Highway Infrastructure Bank - Federal		$	2,740,000		$	2,620,000		7707
212	772-427		Highway Infrastructure Bank - State		$	11,000,000		$	11,000,000		7708
TOTAL HOF Highway Operating											7709
Fund Group					$	1,416,884,130		$	1,364,222,400		7710

Highway Capital Improvement Fund Group

7711

042	772-723		Highway Construction - Bonds		$	220,000,000		$	220,000,000		7712
TOTAL 042 Highway Capital											7713
Improvement Fund Group					$	220,000,000		$	220,000,000		7714
Infrastructure Bank Obligations Fund Group											7715
045	772-428		Highway Infrastructure Bank - Bonds		$	40,000,000		$	40,000,000		7716
TOTAL 045 Infrastructure Bank											7717
Obligations Fund Group					$	40,000,000		$	40,000,000		7718
TOTAL ALL BUDGET FUND GROUPS -											7719
Highway Construction					$	1,678,384,130		$	1,627,222,400		7720

Highway Maintenance

7721

Highway Operating Fund Group

7722

002	773-431		Highway Maintenance - State		$	394,605,100		$	413,082,600		7723
TOTAL HOF Highway Operating											7724
Fund Group					$	394,605,100		$	413,082,600		7725

TOTAL ALL BUDGET FUND GROUPS -											7726
Highway Maintenance					$	394,605,100		$	413,082,600		7727

Public Transportation

7728

Highway Operating Fund Group

7729

002	775-452		Public Transportation - Federal		$	27,000,000		$	27,000,000		7730
002	775-454		Public Transportation - Other		$	1,500,000		$	1,500,000		7731
002	775-459		Elderly and Disabled Special Equipment - Federal		$	4,230,000		$	4,230,000		7732
TOTAL HOF Highway Operating											7733
Fund Group					$	32,730,000		$	32,730,000		7734
TOTAL ALL BUDGET FUND GROUPS -											7735
Public Transportation					$	32,730,000		$	32,730,000		7736

Rail Transportation

7737

Highway Operating Fund Group

7738

002	776-462		Grade Crossings - Federal		$	15,000,000		$	15,000,000		7739
TOTAL HOF Highway Operating											7740
Fund Group					$	15,000,000		$	15,000,000		7741

State Special Revenue Fund Group

7742

4A3	776-665		Railroad Crossing Safety Devices		$	1,000,000		$	0		7743
TOTAL SSR State Special Revenue Fund Group					$	1,000,000		$	0		7744
TOTAL ALL BUDGET FUND GROUPS -											7745
Rail Transportation					$	16,000,000		$	15,000,000		7746

Aviation

7747

Highway Operating Fund Group

7748

002	777-472		Airport Improvements - Federal		$	405,000		$	405,000		7749
002	777-475		Aviation Administration		$	4,064,700		$	4,139,000		7750
TOTAL HOF Highway Operating											7751
Fund Group					$	4,469,700		$	4,544,000		7752
TOTAL ALL BUDGET FUND GROUPS -											7753
Aviation					$	4,469,700		$	4,544,000		7754

Administration

7755

State Special Revenue Fund Group

7756

4T5	770-609		Administration Memorial Fund		$	5,000		$	5,000		7757
TOTAL SSR State Special Revenue											7758
Fund Group					$	5,000		$	5,000		7759

Highway Operating Fund Group

7760

002	779-491		Administration - State		$	116,449,900		$	121,986,500		7761
TOTAL HOF Highway Operating											7762
Fund Group					$	116,449,900		$	121,986,500		7763
TOTAL ALL BUDGET FUND GROUPS -											7764
Administration					$	116,454,900		$	121,991,500		7765

Debt Service

7766

Highway Operating Fund Group

7767

002	770-003		Administration - State - Debt Service		$	13,802,600		$	13,395,900		7768
TOTAL HOF Highway Operating											7769
Fund Group					$	13,802,600		$	13,395,900		7770
TOTAL ALL BUDGET FUND GROUPS -											7771
Debt Service					$	13,802,600		$	13,395,900		7772

TOTAL Department of Transportation

7773

TOTAL HOF Highway Operating											7774
Fund Group					$	2,043,683,680		$	2,015,676,400		7775
TOTAL 042 Highway Capital											7776
Improvement Fund Group					$	220,000,000		$	220,000,000		7777
TOTAL 045 Infrastructure Bank											7778
Obligations Fund Group					$	40,000,000		$	40,000,000		7779
TOTAL SSR State Special Revenue											7780
Fund Group					$	1,005,000		$	5,000		7781
TOTAL ALL BUDGET FUND GROUPS					$	2,304,688,680		$	2,275,681,400		7782

Section 11.01.  ISSUANCE OF BONDS

7784

The Treasurer of State, upon the request of the Director of	7785
Transportation, is authorized to issue and sell, in accordance	7786
with Section 2m of Article VIII, Ohio Constitution, and Chapter	7787
151. and particularly sections 151.01 and 151.06 of the Revised	7788
Code, obligations, including bonds and notes, of the State of Ohio	7789
in the aggregate amount of $420,000,000 in addition to the	7790
original issuance of obligations heretofore authorized by prior	7791
acts of the General Assembly.	7792

The obligations shall be dated, issued, and sold from time to	7793
time in such amounts as may be necessary to provide sufficient	7794
moneys to the credit of the Highway Capital Improvement Fund (Fund	7795
042) created by section 5528.53 of the Revised Code to pay costs	7796
charged to the fund when due as estimated by the Director of	7797
Transportation, provided, however, that such obligations shall be	7798
issued and sold at such time or times so that not more than	7799
$220,000,000 original principal amount of obligations, plus the	7800
principal amount of obligations that in prior fiscal years could	7801
have been, but were not, issued within the $220,000,000 limit, may	7802
be issued in any fiscal year, and not more than $1,200,000,000	7803
original principal amount of such obligations are outstanding at	7804
any one time.	7805

Section 11.02.  MAINTENANCE INTERSTATE HIGHWAYS

7806

The Director of Transportation may remove snow and ice and	7807
maintain, repair, improve, or provide lighting upon interstate	7808
highways that are located within the boundaries of municipal	7809
corporations, adequate to meet the requirements of federal law.	7810
When agreed in writing by the Director of Transportation and the	7811
legislative authority of a municipal corporation and	7812
notwithstanding sections 125.01 and 125.11 of the Revised Code,	7813
the Department of Transportation may reimburse the municipal	7814
corporation for all or any part of the costs, as provided by such	7815
agreement, incurred by the municipal corporation in maintaining,	7816
repairing, lighting, and removing snow and ice from the interstate	7817
system.	7818

Section 11.03. TRANSFER OF FUND 002 APPROPRIATIONS - PLANNING	7819
AND RESEARCH, HIGHWAY CONSTRUCTION, HIGHWAY MAINTENANCE, RAIL,	7820
AVIATION, AND ADMINISTRATION	7821

The Director of Budget and Management may approve requests	7822
from the Department of Transportation for transfer of Fund 002	7823
appropriations for highway planning and research (appropriation	7824
items 771-411 and 771-412), highway construction (appropriation	7825
items 772-421, 772-422, and 772-424), highway maintenance	7826
(appropriation item 773-431), rail grade crossings (appropriation	7827
item 776-462), aviation (appropriation item 777-475), and	7828
administration (appropriation item 779-491). Transfers of	7829
appropriations may be made upon the written request of the	7830
Director of Transportation and with the approval of the Director	7831
of Budget and Management. Such transfers shall be reported to the	7832
Controlling Board at the next regularly scheduled meeting of the	7833
board.	7834

This transfer authority is intended to provide for emergency	7835
situations and flexibility to meet unforeseen conditions that	7836
could arise during the budget period. It also is intended to allow	7837
the department to optimize the use of available resources and	7838
adjust to circumstances affecting the obligation and expenditure	7839
of federal funds.	7840

TRANSFER OF APPROPRIATIONS - FEDERAL HIGHWAY AND FEDERAL	7841
TRANSIT	7842

The Director of Budget and Management may approve requests	7843
from the Department of Transportation for the transfer of	7844
appropriations between appropriation items 772-422, Highway	7845
Construction - Federal, and 775-452, Public Transportation -	7846
Federal, based upon transit capital projects meeting Federal	7847
Highway Administration and Federal Transit Administration funding	7848
guidelines. Transfers between these appropriation items may be	7849
made upon the written request of the Director of Transportation	7850
and with the approval of the Director of Budget and Management.	7851
Such transfers shall be reported to the Controlling Board at its	7852
next regularly scheduled meeting.	7853

TRANSFER OF APPROPRIATIONS - STATE INFRASTRUCTURE BANK

7854

The Director of Budget and Management may approve requests	7855
from the Department of Transportation for transfer of	7856
appropriations and cash of the Infrastructure Bank funds created	7857
in section 5531.09 of the Revised Code, including transfers	7858
between fiscal years 2004 and 2005. Such transfers shall be	7859
reported to the Controlling Board at its next regularly scheduled	7860
meeting. However, the director may not make transfers out of debt	7861
service and lease payment appropriation items unless the director	7862
determines that the appropriated amounts exceed the actual and	7863
projected debt, rental, or lease payments.	7864

Should the appropriation and any reappropriations from prior	7865
years in appropriation item 770-005 and appropriation item 772-423	7866
exceed the actual and projected debt, rental, or lease payments	7867
for fiscal year 2004 or 2005, then prior to June 30, 2005, the	7868
balance may be transferred to appropriation item 772-422. Such	7869
transfer may be made upon the written request of the Director of	7870
Transportation and with the approval of the Director of Budget and	7871
Management. Transfers shall be reported to the Controlling Board	7872
at its next regularly scheduled meeting.	7873

The Director of Budget and Management may approve requests	7874
from the Department of Transportation for transfer of	7875
appropriations and cash from the Highway Operating Fund (Fund 002)	7876
to the Infrastructure Bank funds created in section 5531.09 of the	7877
Revised Code. The Director of Budget and Management may transfer	7878
from the Infrastructure Bank funds to the Highway Operating Fund	7879
up to the amounts originally transferred to the Infrastructure	7880
Bank funds under this section. Such transfers shall be reported to	7881
the Controlling Board at its next regularly scheduled meeting.	7882
However, the director may not make transfers between modes and	7883
transfers between different funding sources.	7884

INCREASE APPROPRIATION AUTHORITY - STATE FUNDS

7885

In the event that receipts or unexpended balances credited to	7886
the Highway Operating Fund exceed the estimates upon which the	7887
appropriations have been made in this act, upon the request of the	7888
Director of Transportation, the Controlling Board may increase	7889
appropriation authority in the manner prescribed in section 131.35	7890
of the Revised Code.	7891

INCREASE APPROPRIATION AUTHORITY - FEDERAL AND LOCAL FUNDS

7892

In the event that receipts or unexpended balances credited to	7893
the Highway Operating Fund or apportionments or allocations made	7894
available from the federal and local government exceed the	7895
estimates upon which the appropriations have been made in this	7896
act, upon the request of the Director of Transportation, the	7897
Controlling Board may increase appropriation authority in the	7898
manner prescribed in section 131.35 of the Revised Code.	7899

REAPPROPRIATIONS

7900

All appropriations of the Highway Operating Fund (Fund 002),	7901
the Highway Capital Improvement Fund (Fund 042), and the	7902
Infrastructure Bank funds created in section 5531.09 of the	7903
Revised Code remaining unencumbered on June 30, 2003, are hereby	7904
reappropriated for the same purpose in fiscal year 2004.	7905

All appropriations of the Highway Operating Fund (Fund 002)	7906
and the Highway Capital Improvement Fund (Fund 042), and the	7907
Infrastructure Bank funds created in section 5531.09 of the	7908
Revised Code remaining unencumbered on June 30, 2004, are hereby	7909
reappropriated for the same purpose in fiscal year 2005.	7910

Any balances of prior years' appropriations to the Highway	7911
Operating Fund (Fund 002), the Highway Capital Improvement Fund	7912
(Fund 042), and the Infrastructure Bank funds created in section	7913
5531.09 of the Revised Code that are unencumbered on June 30,	7914
2003, subject to the availability of revenue as determined by the	7915
Director of Transportation, are hereby reappropriated for the same	7916
purpose in fiscal year 2004 upon the request of the Director of	7917
Transportation and with the approval of the Director of Budget and	7918
Management. Such reappropriations shall be reported to the	7919
Controlling Board.	7920

Any balances of prior years' appropriations to the Highway	7921
Operating Fund (Fund 002), the Highway Capital Improvement Fund	7922
(Fund 042), and the Infrastructure Bank funds created in section	7923
5531.09 of the Revised Code that are unencumbered on June 30,	7924
2004, subject to the availability of revenue as determined by the	7925
Director of Transportation, are hereby reappropriated for the same	7926
purpose in fiscal year 2005 upon the request of the Director of	7927
Transportation and with the approval of the Director of Budget and	7928
Management. Such reappropriations shall be reported to the	7929
Controlling Board.	7930

Section 11.04.  PUBLIC ACCESS ROADS FOR STATE FACILITIES

7931

Of the foregoing appropriation item 772-421, Highway	7932
Construction - State, $3,145,500 is to be used each fiscal year	7933
during the 2003-2005 biennium by the Department of Transportation	7934
for the construction, reconstruction, or maintenance of public	7935
access roads, including support features, to and within state	7936
facilities owned or operated by the Department of Natural	7937
Resources, as requested by the Director of Natural Resources.	7938

Notwithstanding section 5511.06 of the Revised Code, of the	7939
foregoing appropriation item 772-421, Highway Construction -	7940
State, $2,228,000 in each fiscal year of the 2003-2005 biennium	7941
shall be used by the Department of Transportation for the	7942
construction, reconstruction, or maintenance of park drives or	7943
park roads within the boundaries of metropolitan parks.	7944

Included in the foregoing appropriation item 772-421, Highway	7945
Construction - State, the department may perform related road work	7946
on behalf of the Ohio Expositions Commission at the state	7947
fairgrounds, including reconstruction or maintenance of public	7948
access roads, including support features, to and within the	7949
facilities as requested by the commission and approved by the	7950
Director of Transportation.	7951

LIQUIDATION OF UNFORESEEN LIABILITIES

7952

Any appropriation made to the Department of Transportation,	7953
Highway Operating Fund, not otherwise restricted by law, is	7954
available to liquidate unforeseen liabilities arising from	7955
contractual agreements of prior years when the prior year	7956
encumbrance is insufficient.	7957

RUMBLE STRIPS AT RAILROAD CROSSINGS

7958

Of the foregoing appropriation item 776-665, Railroad	7959
Crossing Safety Devices, $1,000,000 in fiscal year 2004 shall be	7960
used by the Department of Transportation to fund competitive	7961
grants to political subdivisions for the cost of putting rumble	7962
strips at active railroad crossings without gates or lights. The	7963
maximum amount of a competitive grant is $50,000 for any single	7964
crossing. Each political subdivision with jurisdiction over a	7965
crossing may apply to the Department for a competitive grant for	7966
the costs of putting rumble strips at crossings. Those political	7967
subdivisions awarded grants shall install the rumble strips by	7968
December 1, 2004. Those political subdivisions awarded such grants	7969
shall not use the moneys as matching funds for any other state	7970
rail safety programs.	7971

If rumble strips are not appropriate for a crossing, the	7972
Department may allow the political subdivision which is awarded	7973
the grant to use the funding for a safety device or technology	7974
more appropriate for the crossing.	7975

The Department shall notify each political subdivision with	7976
jurisdiction over a crossing of the requirements of this section	7977
that funding is available for rumble strips at crossings and for	7978
other rail crossing safety improvements. The Department also shall	7979
notify associations representing political subdivisions of the	7980
availability of the funding.	7981

The Department shall spend no more than five per cent of the	7982
appropriation item on Department administrative expenses.	7983

The Department shall issue a report on or before June 30,	7984
2005, describing the activities carried out by the Department to	7985
comply with the provisions of this section. The report shall	7986
include the number of crossings at which rumble strip installation	7987
was completed, the cost of each installation to date, the number	7988
of active crossings without gates or lights that still do not have	7989
rumble strips, and a geographic breakdown of where the crossings	7990
are that have and have not yet received rumble strips.	7991

All appropriations in Fund 4A3, appropriation item 776-665,	7992
Railroad Crossing Safety Devices, remaining unencumbered on June	7993
30, 2004, are hereby reappropriated for the same purpose in fiscal	7994
year 2005. The Department shall report all such appropriations to	7995
the Controlling Board.	7996

Section 11.05.  RENTAL PAYMENTS - OBA

7997

The foregoing appropriation item 770-003, Administration -	7998
State - Debt Service, shall be used to pay rent to the Ohio	7999
Building Authority for various capital facilities to be	8000
constructed, reconstructed, or rehabilitated for the use of the	8001
Department of Transportation, including the department's plant and	8002
facilities at its central office, field districts, and county and	8003
outpost locations. The rental payments shall be made from revenues	8004
received from the motor vehicle fuel tax. The amounts of any bonds	8005
and notes to finance such capital facilities shall be at the	8006
request of the Director of Transportation. Notwithstanding section	8007
152.24 of the Revised Code, the Ohio Building Authority may, with	8008
approval of the Office of Budget and Management, lease capital	8009
facilities to the Department of Transportation.	8010

The Director of Transportation shall hold title to any land	8011
purchased and any resulting structures that are attributable to	8012
appropriation item 770-003. Notwithstanding section 152.18 of the	8013
Revised Code, the Director of Transportation shall administer any	8014
purchase of land and any contract for construction,	8015
reconstruction, and rehabilitation of facilities as a result of	8016
this appropriation.	8017

Should the appropriation and any reappropriations from prior	8018
years in appropriation item 770-003 exceed the rental payments for	8019
fiscal year 2004 or 2005, then prior to June 30, 2005, the balance	8020
may be transferred to appropriation item 772-421, 773-431, or	8021
779-491. Such transfer may be made upon the written request of the	8022
Director of Transportation and with the approval of the Director	8023
of Budget and Management. Transfers shall be reported to the	8024
Controlling Board at its next regularly scheduled meeting.	8025

Section 11.06.  PUBLIC TRANSPORTATION HIGHWAY PURPOSE GRANTS

8026

The Director of Transportation may use revenues from the	8027
state motor vehicle fuel tax to match approved federal grants	8028
awarded to the Department of Transportation, regional transit	8029
authorities, or eligible public transportation systems, for public	8030
transportation highway purposes, or to support local or state	8031
funded projects for public transportation highway purposes. Public	8032
transportation highway purposes include: the construction or	8033
repair of high-occupancy vehicle traffic lanes, the acquisition or	8034
construction of park-and-ride facilities, the acquisition or	8035
construction of public transportation vehicle loops, the	8036
construction or repair of bridges used by public transportation	8037
vehicles or that are the responsibility of a regional transit	8038
authority or other public transportation system, or other similar	8039
construction that is designated as an eligible public	8040
transportation highway purpose. Motor vehicle fuel tax revenues	8041
may not be used for operating assistance or for the purchase of	8042
vehicles, equipment, or maintenance facilities.	8043

Section 12. PAVEMENT-SELECTION PROCESS ANALYSIS

8044

The Ohio Department of Transportation shall contract with a	8045
neutral third-party entity to conduct an analysis of the	8046
Department's pavement-selection process including but not limited	8047
to life cycle cost analysis; user delay; constructability and	8048
environment factors. The Department of Transportation shall hold	8049
the contract with the neutral third party entity, and the contract	8050
shall be subject to Controlling Board approval under division	8051
(C)(8) of section 5526.01 of the Revised Code. The entity shall be	8052
an individual or an academic, research, or professional	8053
association with an expertise in pavement-selection decisions and	8054
shall not be a research center for concrete or asphalt pavement.	8055
The analysis shall compare and contrast the Department's	8056
pavement-selection process with those of other states and with	8057
model selection processes as described by the American Association	8058
of State Highway and Transportation Officials and the Federal	8059
Highway Administration.	8060

An advisory council shall be appointed to approve the scope	8061
of study and to select the neutral third-party entity. The	8062
advisory council shall consist of the following members:	8063

(1) The director of the Ohio Department of Transportation,	8064
who shall act as Chairman of the council;	8065

(2) A member of the Ohio Society of Certified Public	8066
Accountants;	8067

(3) A member of a statewide business organization	8068
representing major corporate entities from a list of three names	8069
submitted to and appointed by the Speaker of the House of	8070
Representatives;	8071

(4) A member of the Ohio Society of Professional Engineers;

8072

(5) A member of a business organization representing small or	8073
independent businesses from a list of three names submitted to and	8074
appointed by the President of the Senate;	8075

(6) A representative of the Ohio Concrete Construction	8076
Association;	8077

(7) A representative of Flexible Pavements Association of	8078
Ohio, Inc.	8079

Members of the advisory council representing the Ohio Society	8080
of Certified Public Accountants, the Ohio Society of Professional	8081
Engineers, the small or independent businesses and the major	8082
corporate entities shall have no conflict of interest with the	8083
position. For purposes of this section, "conflict of interest"	8084
means taking any action that violates any provision of Chapter	8085
102. or 2921. of the Revised Code.	8086

The advisory council shall be appointed no later than July	8087
31, 2003. The council shall select the neutral third party entity	8088
and shall determine the scope of the study not later than	8089
September 1, 2003. Once appointed, the council shall meet, at a	8090
minimum, every thirty days to direct and monitor the work of the	8091
neutral third party entity, including responding to any questions	8092
raised by the neutral third party entity. The council shall	8093
publish a schedule of meetings and provide adequate public notice	8094
of these meetings. The meetings are also subject to the applicable	8095
public meeting requirements. The council shall allow a comment	8096
period of not less than thirty days before issuing its final	8097
report. The advisory council shall allow a comment period of not	8098
less than 30 days before a final report is issued. The report	8099
shall be issued on or before December 31, 2003. Upon issuing its	8100
final report, the council shall cease to exist.	8101

The Department shall make changes to its pavement-selection	8102
process based on the recommendations included in the third-party	8103
entity's report.	8104

The Department shall make the changes to its	8105
pavement-selection process based on the recommendations included	8106
in the neutral third-party entity's report.	8107

Section 13.  DHS DEPARTMENT OF PUBLIC SAFETY

8108

Highway Safety Information and Education

8109

State Highway Safety Fund Group

8110

036	761-321		Operating Expense - Information and Education		$	2,900,702		$	3,030,054		8111
036	761-402		Traffic Safety Match		$	277,137		$	277,137		8112
831	761-610		Information and Education - Federal		$	468,982		$	468,982		8113
83N	761-611		Elementary School Seat Belt Program		$	447,895		$	447,895		8114
832	761-612		Traffic Safety-Federal		$	16,577,565		$	16,577,565		8115
844	761-613		Seat Belt Education Program		$	463,760		$	482,095		8116
846	761-625		Motorcycle Safety Education		$	1,780,507		$	1,827,868		8117
847	761-622		Film Production Reimbursement		$	22,000		$	22,000		8118
TOTAL HSF State Highway Safety											8119
Fund Group					$	22,938,548		$	23,133,596		8120
Agency Fund Group											8121
5J9	761-678		Federal Salvage/GSA		$	100,000		$	100,000		8122
TOTAL AGY Agency					$	100,000		$	100,000		8123
TOTAL ALL BUDGET FUND GROUPS -											8124
Highway Safety Information											8125
and Education					$	23,038,548		$	23,233,596		8126

FEDERAL HIGHWAY SAFETY PROGRAM MATCH

8127

The foregoing appropriation item 761-402, Traffic Safety	8128
Match, shall be used to provide the nonfederal portion of the	8129
federal Highway Safety Program. Upon request by the Director of	8130
Public Safety and approval by the Director of Budget and	8131
Management, appropriation item 761-402 shall be used to transfer	8132
cash from the Highway Safety Fund to the Traffic Safety - Federal	8133
Fund (Fund 832) at the beginning of each fiscal year on an	8134
intrastate transfer voucher.	8135

Section 13.01.  BUREAU OF MOTOR VEHICLES

8136

State Special Revenue Fund Group

8137

539	762-614		Motor Vehicle Dealers Board		$	239,902		$	239,902		8138
TOTAL SSR State Special Revenue											8139
Fund Group					$	239,902		$	239,902		8140

State Highway Safety Fund Group

8141

4W4	762-321		Operating Expense-BMV		$	73,385,912		$	70,152,893		8142
4W4	762-410		Registrations Supplement		$	34,588,363		$	32,480,610		8143
5V1	762-682		License Plate Contributions		$	2,388,568		$	2,388,568		8144
83R	762-639		Local Immobilization Reimbursement		$	850,000		$	850,000		8145
835	762-616		Financial Responsibility Compliance		$	6,303,125		$	6,551,535		8146
849	762-627		Automated Title Processing Board		$	16,800,620		$	26,076,349		8147
TOTAL HSF State Highway Safety											8148
Fund Group					$	134,316,588		$	138,499,955		8149
TOTAL ALL BUDGET FUND GROUPS -											8150
Bureau of Motor Vehicles					$	134,556,490		$	138,739,857		8151

MOTOR VEHICLE REGISTRATION

8152

The Registrar of Motor Vehicles may deposit revenues to meet	8153
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	8154
4W4) established in section 4501.25 of the Revised Code, obtained	8155
pursuant to sections 4503.02 and 4504.02 of the Revised Code, less	8156
all other available cash. Revenue deposited pursuant to this	8157
section shall support, in part, appropriations for operating	8158
expenses and defray the cost of manufacturing and distributing	8159
license plates and license plate stickers and enforcing the law	8160
relative to the operation and registration of motor vehicles.	8161
Notwithstanding section 4501.03 of the Revised Code, the revenues	8162
shall be paid into the State Bureau of Motor Vehicles Fund before	8163
any revenues obtained pursuant to sections 4503.02 and 4504.02 of	8164
the Revised Code are paid into any other fund. The deposit of	8165
revenues to meet the aforementioned cash needs shall be in	8166
approximate equal amounts on a monthly basis or as otherwise	8167
determined by the Director of Budget and Management pursuant to a	8168
plan submitted by the Registrar of Motor Vehicles.	8169

CAPITAL PROJECTS

8170

The Registrar of Motor Vehicles may transfer cash from the	8171
State Bureau of Motor Vehicles Fund (Fund 4W4) to the State	8172
Highway Safety Fund (Fund 036) to meet its obligations for capital	8173
projects CIR-047, Department of Public Safety Office Building,	8174
CIR-049, Warehouse Facility, and CAP-070, Canton One Stop Shop.	8175

TRANSFER OF FUNDS TO FUND 5V1

8176

On July 1, 2003, or as soon thereafter as possible, the	8177
Director of Budget and Management shall transfer the cash balances	8178
in the Collegiate, Football Hall of Fame, Ohio Casa/GAL, Rotary	8179
International, Pro Sports Teams, Boy Scouts, Girl Scouts, Eagle	8180
Scouts, FOP, FOP Associates, Ducks Unlimited, FFA, and Leader in	8181
Flight Funds to the License Plate Contribution Fund (Fund 5V1).	8182
The spending authority to honor encumberances established in the	8183
prior fiscal year is hereby appropriated.	8184

Section 13.02.  ENFORCEMENT

8185

State Highway Safety Fund Group

8186

036	764-033		Minor Capital Projects		$	1,775,667		$	1,779,664		8187
036	764-321		Operating Expense - Highway Patrol		$	208,447,118		$	217,516,933		8188
036	764-605		Motor Carrier Enforcement Expenses		$	2,544,319		$	2,603,697		8189
83C	764-630		Contraband, Forfeiture, Other		$	622,894		$	622,894		8190
83F	764-657		Law Enforcement Automated Data System		$	6,425,009		$	7,111,198		8191
83G	764-633		OMVI Fines		$	820,927		$	820,927		8192
831	764-610		Patrol - Federal		$	2,371,659		$	2,407,585		8193
831	764-659		Transportation Enforcement - Federal		$	4,635,684		$	4,738,515		8194
837	764-602		Turnpike Policing		$	9,648,265		$	9,653,030		8195
838	764-606		Patrol Reimbursement		$	222,108		$	222,108		8196
840	764-607		State Fair Security		$	1,462,774		$	1,496,283		8197
840	764-617		Security and Investigations		$	8,653,390		$	8,145,192		8198
840	764-626		State Fairgrounds Police Force		$	788,375		$	788,375		8199
841	764-603		Salvage and Exchange - Highway Patrol		$	1,274,101		$	1,274,101		8200
TOTAL HSF State Highway Safety											8201
Fund Group					$	249,692,290		$	259,180,502		8202

General Services Fund Group

8203

4S2	764-660		MARCS Maintenance		$	232,154		$	237,210		8204
TOTAL GSF General Services											8205
Fund Group					$	232,154		$	237,210		8206
TOTAL ALL BUDGET FUND GROUPS -											8207
Enforcement					$	249,924,444		$	259,417,712		8208

COLLECTIVE BARGAINING INCREASES

8209

Notwithstanding division (D) of section 127.14 and division	8210
(B) of section 131.35 of the Revised Code, except for the General	8211
Revenue Fund, the Controlling Board may, upon the request of	8212
either the Director of Budget and Management, or the Department of	8213
Public Safety with the approval of the Director of Budget and	8214
Management, increase appropriations for any fund, as necessary for	8215
the Department of Public Safety, to assist in paying the costs of	8216
increases in employee compensation that have occurred pursuant to	8217
collective bargaining agreements under Chapter 4117. of the	8218
Revised Code and, for exempt employees, under section 124.152 of	8219
the Revised Code.	8220

Section 13.03.  EMERGENCY MEDICAL SERVICES

8221

State Highway Safety Fund Group

8222

83M	765-624		Operating Expenses - EMS		$	2,519,883		$	2,587,627		8223
83P	765-637		EMS Grants		$	5,836,744		$	5,836,744		8224
831	765-610		EMS/Federal		$	582,007		$	582,007		8225
TOTAL HSF State Highway Safety											8226
Fund Group					$	8,938,634		$	9,006,378		8227
TOTAL ALL BUDGET FUND GROUPS -											8228
Emergency Medical Services					$	8,938,634		$	9,006,378		8229

Section 13.04.  INVESTIGATIVE UNIT

8231

State Highway Safety Fund Group

8232

831	767-610		Liquor Enforcement - Federal		$	514,184		$	514,184		8233
831	769-610		Food Stamp Trafficking Enforcement - Federal		$	817,177		$	817,177		8234
TOTAL HSF State Highway Safety											8235
Fund Group					$	1,331,361		$	1,331,361		8236

Liquor Control Fund Group

8237

043	767-321		Liquor Enforcement - Operations		$	9,644,288		$	9,825,597		8238
TOTAL LCF Liquor Control Fund											8239
Group					$	9,644,288		$	9,825,597		8240

State Special Revenue Fund Group

8241

622	767-615		Investigative Contraband and Forfeiture		$	404,111		$	404,111		8242
850	767-628		Investigative Unit Salvage		$	120,000		$	120,000		8243
TOTAL SSR State Special Revenue											8244
Fund Group					$	524,111		$	524,111		8245
TOTAL ALL BUDGET FUND GROUPS -											8246
Special Enforcement					$	11,499,760		$	11,681,069		8247

LEASE RENTAL PAYMENTS FOR CAP-076, INVESTIGATIVE UNIT MARCS	8248
EQUIPMENT	8249

The Director of Public Safety, using intrastate transfer	8250
vouchers, shall make cash transfers to the State Highway Safety	8251
Fund (Fund 036) from other funds to reimburse the State Highway	8252
Safety Fund for the share of lease rental payments to the Ohio	8253
Building Authority that are associated with appropriation item	8254
CAP-076, Investigative Unit MARCS Equipment.	8255

Section 13.05.  EMERGENCY MANAGEMENT

8256

Federal Special Revenue Fund Group

8257

3N5	763-644		U.S. DOE Agreement		$	266,000		$	275,000		8258
329	763-645		Individual/Family Grant - Fed		$	303,504		$	303,504		8259
337	763-609		Federal Disaster Relief		$	5,000,000		$	3,000,000		8260
339	763-647		Emergency Management Assistance and Training		$	129,622,000		$	129,622,000		8261
TOTAL FED Federal Special											8262
Revenue Fund Group					$	135,191,504		$	133,200,504		8263

General Services Fund Group

8264

4V3	763-662		EMA Service and Reimbursement		$	696,446		$	696,446		8265
533	763-601		State Disaster Relief		$	7,500,000		$	7,500,000		8266
TOTAL GSF General Services											8267
Fund Group					$	8,196,446		$	8,196,446		8268

State Special Revenue Fund Group

8269

657	763-652		Utility Radiological Safety		$	1,200,000		$	1,260,000		8270
681	763-653		SARA Title III HAZMAT Planning		$	264,510		$	271,510		8271
TOTAL SSR State Special Revenue											8272
Fund Group					$	1,464,510		$	1,531,510		8273
TOTAL ALL BUDGET FUND GROUPS -											8274
Emergency Management					$	144,852,460		$	142,928,460		8275

SARA TITLE III HAZMAT PLANNING

8276

The SARA Title III HAZMAT Planning Fund (Fund 681) shall	8277
receive grant funds from the Emergency Response Commission to	8278
implement the Emergency Management Agency's responsibilities under	8279
Chapter 3750. of the Revised Code.	8280

STATE DISASTER RELIEF

8281

The foregoing appropriation item 763-601, State Disaster	8282
Relief, may accept transfers of cash and appropriations from	8283
Controlling Board appropriation items to reimburse eligible local	8284
governments and private nonprofit organizations for costs related	8285
to disasters that have been declared by local governments or the	8286
Governor. The Ohio Emergency Management Agency shall publish and	8287
make available an application packet outlining eligible items and	8288
application procedures for entities requesting state disaster	8289
relief.	8290

Individuals may be eligible for reimbursement of costs	8291
related to disasters that have been declared by the Governor and	8292
the Small Business Administration. The funding in appropriation	8293
item 763-601, State Disaster Relief, shall be used in accordance	8294
with the principles of the federal Individual and Family Grant	8295
Program, which provides grants to households that have been	8296
affected by a disaster to replace basic living items. The Ohio	8297
Emergency Management Agency shall publish and make available an	8298
application procedure for individuals requesting assistance under	8299
the state Individual Assistance Program.	8300

EMA SERVICE AND REIMBURSEMENT FUND

8301

On July 1, 2003, or as soon as possible thereafter, the	8302
Director of Budget and Management shall transfer the cash balances	8303
in the EMA Utility Payment Fund (Fund 4Y0) and the Salvage and	8304
Exchange-EMA Fund (Fund 4Y1) to the EMA Service and Reimbursement	8305
Fund (Fund 4V3), created in section 5502.39 of the Revised Code.	8306
Upon the completion of the transfer, notwithstanding any other	8307
provision of law to the contrary, the EMA Utility Payment Fund	8308
(Fund 4Y0) and the Salvage and Exchange-EMA Fund (Fund 4Y1) are	8309
abolished. The director shall cancel any existing encumbrances	8310
against appropriation items 763-654, EMA Utility Payment, and	8311
763-655, Salvage and Exchange-EMA, and reestablish them against	8312
appropriation item 763-662, EMA Service and Reimbursement. The	8313
amounts of the reestablished encumbrances are hereby appropriated.	8314

Section 13.06.  ADMINISTRATION

8315

State Highway Safety Fund Group

8316

036	766-321		Operating Expense - Administration		$	4,346,226		$	4,461,836		8317
830	761-603		Salvage and Exchange - Administration		$	22,070		$	22,070		8318
TOTAL HSF State Highway Safety											8319
Fund Group					$	4,368,296		$	4,483,906		8320

General Services Fund Group

8321

4S3	766-661		Hilltop Utility Reimbursement		$	500,000		$	500,000		8322
TOTAL GSF General Services											8323
Fund Group					$	500,000		$	500,000		8324
TOTAL ALL BUDGET FUND GROUPS -											8325
Administration					$	4,868,296		$	4,983,906		8326

Section 13.07.  DEBT SERVICE

8328

State Highway Safety Fund Group

8329

036	761-401		Lease Rental Payments		$	11,676,700		$	13,663,200		8330
TOTAL HSF State Highway Safety											8331
Fund Group					$	11,676,700		$	13,663,200		8332
TOTAL ALL BUDGET FUND GROUPS -											8333
Debt Service					$	11,676,700		$	13,663,200		8334

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

8335

The foregoing appropriation item 761-401, Lease Rental	8336
Payments, shall be used for payments to the Ohio Building	8337
Authority for the period July 1, 2003, to June 30, 2005, pursuant	8338
to the primary leases and agreements for buildings made under	8339
Chapter 152. of the Revised Code that are pledged for bond service	8340
charges on related obligations issued pursuant to Chapter 152. of	8341
the Revised Code. Notwithstanding section 152.24 of the Revised	8342
Code, the Ohio Building Authority may, with approval of the	8343
Director of Budget and Management, lease capital facilities to the	8344
Department of Public Safety.	8345

HILLTOP TRANSFER

8346

The Director of Public Safety shall determine, per an	8347
agreement with the Director of Transportation, the share of each	8348
debt service payment made out of appropriation item 761-401, Lease	8349
Rental Payments, that relates to the Department of	8350
Transportation's portion of the Hilltop Building Project, and	8351
shall certify to the Director of Budget and Management the amounts	8352
of this share. The Director of Budget and Management shall	8353
transfer such shares from the Highway Operating Fund (Fund 002) to	8354
the Highway Safety Fund (Fund 036).	8355

Section 13.08.  REVENUE DISTRIBUTION

8356

Holding Account Redistribution Fund Group

8357

R24	762-619		Unidentified Motor Vehicle Receipts		$	1,850,000		$	1,850,000		8358
R27	764-608		Patrol Fee Refunds		$	35,000		$	35,000		8359
R52	762-623		Security Deposits		$	250,000		$	250,000		8360
TOTAL 090 Holding Account											8361
Redistribution Fund Group					$	2,135,000		$	2,135,000		8362
TOTAL ALL BUDGET FUND GROUPS -											8363
Revenue Distribution					$	2,135,000		$	2,135,000		8364

TOTAL Department of Public Safety

8365

TOTAL HSF State Highway Safety											8366
Fund Group					$	433,262,417		$	449,298,898		8367
TOTAL SSR State Special Revenue											8368
Fund Group					$	2,228,523		$	2,295,523		8369
TOTAL LCF Liquor Control											8370
Fund Group					$	9,644,288		$	9,825,597		8371
TOTAL GSF General Services											8372
Fund Group					$	8,928,600		$	8,933,656		8373
TOTAL FED Federal Revenue Special											8374
Fund Group					$	135,191,504		$	133,200,504		8375
TOTAL AGY Agency Fund Group					$	100,000		$	100,000		8376
TOTAL 090 Holding Account Redistribution											8377
Fund Group					$	2,135,000		$	2,135,000		8378
TOTAL ALL BUDGET FUND GROUPS					$	591,490,332		$	605,789,178		8379

Section 13.09. CASH BALANCE FUND REVIEW

8381

Not later than the first day of April in each fiscal year of	8382
the biennium, the Director of Budget and Management shall review	8383
the cash balances for each fund, except the State Highway Safety	8384
Fund (Fund 036) and the Bureau of Motor Vehicles Fund (Fund 4W4)	8385
in the State Highway Safety Fund Group, and shall recommend to the	8386
Controlling Board an amount to be transferred to the credit of the	8387
State Highway Safety Fund, or the Bureau of Motor Vehicles Fund,	8388
as appropriate.	8389

SCHEDULE OF TRANSFERS TO THE STATE HIGHWAY SAFETY FUND

8390

The Director of Budget and Management, pursuant to a plan	8391
submitted by the Department of Public Safety or as otherwise	8392
determined by the Director, shall set a cash transfer schedule	8393
totaling $140,137,500 in fiscal year 2004 and $94,359,250 in	8394
fiscal year 2005 from the Highway Operating Fund, established in	8395
section 5735.291 of the Revised Code, to the State Highway Safety	8396
Fund, established in section 4501.06 of the Revised Code. The	8397
director shall transfer the cash at such times as is determined by	8398
the transfer schedule.	8399

MONTHLY TRANSFERS TO GASOLINE EXCISE TAX FUND

8400

The Director of Budget and Management shall transfer cash in	8401
eleven equal increments totaling $46,712,500 from August 15, 2003,	8402
through June 30, 2004, and $94,359,250 in equal monthly increments	8403
in fiscal year 2005 from the Highway Operating Fund, established	8404
in section 5735.291 of the Revised Code, to the Gasoline Excise	8405
Tax Fund established in division (A) of section 5735.27 of the	8406
Revised Code. The monthly amounts transferred pursuant to this	8407
section shall be distributed as follows: forty-two and eighty-six	8408
hundredths (42.86) per cent shall be distributed among the	8409
municipal corporations within the state in accordance with	8410
division (A)(2) of section 5735.27 of the Revised Code;	8411
thirty-seven and fourteen hundredths (37.14) per cent shall be	8412
distributed among the counties within the state in accordance with	8413
division (A)(3) of section 5735.27 of the Revised Code; and twenty	8414
(20) per cent shall be distributed among the townships within the	8415
state in accordance with division (A)(5)(b) of section 5735.27 of	8416
the Revised Code.	8417

Section 14.  DEV DEPARTMENT OF DEVELOPMENT

8418

State Special Revenue Fund Group

8419

4W0	195-629		Roadwork Development		$	12,699,900		$	12,699,900		8420
TOTAL SSR State Special Revenue											8421
Fund Group					$	12,699,900		$	12,699,900		8422
TOTAL ALL BUDGET FUND GROUPS					$	12,699,900		$	12,699,900		8423

ROADWORK DEVELOPMENT FUND

8424

The Roadwork Development Fund shall be used for road	8425
improvements associated with economic development opportunities	8426
that will retain or attract businesses for Ohio. "Road	8427
improvements" are improvements to public roadway facilities	8428
located on, or serving or capable of serving, a project site.	8429

The Department of Transportation, under the direction of the	8430
Department of Development, shall provide these funds in accordance	8431
with all guidelines and requirements established for Department of	8432
Development appropriation item 195-412, Business Development,	8433
including Controlling Board review and approval as well as the	8434
requirements for usage of gas tax revenue prescribed in Section 5a	8435
of Article XII, Ohio Constitution. Should the Department of	8436
Development require the assistance of the Department of	8437
Transportation to bring a project to completion, the Department of	8438
Transportation shall use the authority under Title LV of the	8439
Revised Code to provide such assistance and enter into contracts	8440
on behalf of the Department of Development. In addition, these	8441
funds may be used in conjunction with appropriation item 195-412,	8442
Business Development, or any other state funds appropriated for	8443
infrastructure improvements.	8444

The Director of Budget and Management, pursuant to a plan	8445
submitted by the Department of Development or as otherwise	8446
determined by the Director of Budget and Management, shall set a	8447
cash transfer schedule to meet the cash needs of the Department of	8448
Development's Roadwork Development Fund (Fund 4W0), less any other	8449
available cash. The director shall transfer to the Roadwork	8450
Development Fund from the Highway Operating Fund (Fund 002),	8451
established in section 5735.291 of the Revised Code, such amounts	8452
at such times as determined by the transfer schedule.	8453

TRANSPORTATION IMPROVEMENT DISTRICTS

8454

Of the foregoing appropriation item 195-629, Roadwork	8455
Development, $250,000 in each fiscal year of the biennium shall be	8456
paid by the Director of Development to each of the transportation	8457
improvement districts of Butler, Hamilton, Medina, and Stark	8458
counties. The transportation improvement districts may use the	8459
payments for any purpose authorized under Chapter 5540. of the	8460
Revised Code, including administrative activities and the purchase	8461
of property and rights for the construction, maintenance, or	8462
operation of a project. These payments shall not be subject to the	8463
restrictions of appropriation item 195-629, Roadwork Development.	8464

Section 15.  PWC PUBLIC WORKS COMMISSION

8465

Local Transportation Improvements Fund Group

8466

052	150-402		LTIP - Operating		$	291,946		$	298,441		8467
052	150-701		Local Transportation Improvement Program		$	67,500,000		$	67,500,000		8468
TOTAL 052 Local Transportation											8469
Improvements Fund Group					$	67,791,946		$	67,798,441		8470

Local Infrastructure Improvements Fund Group

8471

038	150-321		SCIP - Operating Expenses		$	884,239		$	906,324		8472
TOTAL LIF Local Infrastructure											8473
Improvements Fund Group					$	884,239		$	906,324		8474
TOTAL ALL BUDGET FUND GROUPS					$	68,676,185		$	68,704,765		8475

DISTRICT ADMINISTRATION COSTS

8476

The Director of the Public Works Commission is authorized to	8477
create a District Administration Costs Program from interest	8478
earnings of the Capital Improvements Fund and Local Transportation	8479
Improvement Program Fund proceeds. This program shall be used to	8480
provide for administration costs of the nineteen public works	8481
districts for the direct costs of district administration.	8482
Districts choosing to participate in this program shall only	8483
expend Capital Improvements Fund moneys for Capital Improvements	8484
Fund costs and Local Transportation Improvement Program Fund	8485
moneys for Local Transportation Improvement Program Fund costs.	8486
The account shall not exceed $760,000 per fiscal year. Each public	8487
works district may be eligible for up to $40,000 per fiscal year	8488
from its district allocation as provided in sections 164.08 and	8489
164.14 of the Revised Code.	8490

The director, by rule, shall define allowable and	8491
nonallowable costs for the purpose of the District Administration	8492
Costs Program. Nonallowable costs include indirect costs, elected	8493
official salaries and benefits, and project-specific costs. No	8494
district public works committee may participate in the District	8495
Administration Costs Program without the approval of those costs	8496
by the district public works committee pursuant to section 164.04	8497
of the Revised Code.	8498

REAPPROPRIATIONS

8499

All capital appropriations from the Local Transportation	8500
Improvement Program Fund (Fund 052) in Sub. H.B. 73 of the 124th	8501
General Assembly remaining unencumbered as of June 30, 2003, are	8502
reappropriated for use during the period July 1, 2003, through	8503
June 30, 2004, for the same purpose.	8504

Notwithstanding division (B) of section 127.14 of the Revised	8505
Code, all capital appropriations and reappropriations from the	8506
Local Transportation Improvement Program Fund (Fund 052) in this	8507
act remaining unencumbered as of June 30, 2004, are reappropriated	8508
for use during the period July 1, 2004, through June 30, 2005, for	8509
the same purpose, subject to the availability of revenue as	8510
determined by the Director of the Public Works Commission.	8511

Section 16. (A) The Chief of the Division of Forestry may	8512
salvage and sell timber and other forest products from the state	8513
forests with the exception of the Shawnee Wilderness Area, as	8514
defined in section 1503.43 of the Revised Code, that have been	8515
felled or damaged by weather, natural forces, or other conditions	8516
with the approval of the Attorney General and the Director of	8517
Natural Resources.	8518

(B) Except as otherwise provided in this section, a sale that	8519
is authorized under division (A) of this section shall be executed	8520
in compliance with the terms and conditions set forth in section	8521
1503.05 of the Revised Code.	8522

(C) All moneys received from the salvage and sale of timber	8523
and forest products from these lands shall be paid into the state	8524
treasury. Twenty per cent of the moneys received shall be credited	8525
to the State Forest Fund for the purposes of restoring public	8526
access to and within state forests, which shall include highway	8527
and road cleaning, reconstruction, and maintenance. That portion	8528
of moneys received also may be used for forest management	8529
programs, including re-forestation, forest reclamation, and forest	8530
management practices. Ten per cent of the moneys received shall be	8531
credited to the General Revenue Fund. The remaining seventy per	8532
cent of the moneys received shall be credited to the State Forest	8533
Fund for distribution under division (D) of this section.	8534

(D) At the time of making such a payment or deposit, the	8535
Chief shall determine the amount and gross value of all such	8536
timber and forest products sold from lands in each county, each	8537
township within the county, and each school district within the	8538
county. Afterward, the Chief shall send to each county treasurer a	8539
copy of the determination and shall provide for payment to the	8540
county treasurer, for general use of the general fund of that	8541
county from the amount so received as provided in this division,	8542
an amount equal to seventy per cent of the gross value of the	8543
timber and forest products sold in that county. The county auditor	8544
shall do all of the following:	8545

(1) Retain for the use of the general fund of the county	8546
one-fourth of the amount received by the county;	8547

(2) Pay into the general fund of any township located within	8548
the county containing such lands one-fourth of the amount received	8549
by the county from timber and forest products sold from lands	8550
located in the township;	8551

(3) Request the board of education of any school district	8552
located within the county and containing such lands to identify	8553
which fund or funds of the district should receive the moneys	8554
available to the school district under this section. After	8555
receiving notice from the board, the county auditor shall pay into	8556
the fund or funds so identified one-half of the amount received by	8557
the county from timber and forest products sold from lands located	8558
in the school district, distributed proportionately as identified	8559
by the board.	8560

(E) When both damaged and undamaged timber are harvested, the	8561
Chief of the Division of Forestry shall estimate the proportion of	8562
damaged timber to total timber harvested. The Chief shall credit	8563
and allocate the portion of moneys from the sale of undamaged	8564
timber in accordance with section 1503.05 of the Revised Code. The	8565
Chief shall credit and allocate the portion of moneys from the	8566
sale of damaged timber in accordance with this section.	8567

(F) This section shall expire two years after its effective	8568
date. This section is not subject to the referendum. Therefore,	8569
under Ohio Constitution, Article II, Section 1d and section 1.471	8570
of the Revised Code, this section goes into immediate effect when	8571
this act becomes law.	8572

Section 17. That Sections 78 and 78.02 of Am. Sub. H.B. 94 of	8573
the 124th General Assembly be amended to read as follows:	8574

Sec. 78.  DNR DEPARTMENT OF NATURAL RESOURCES

8575

General Revenue Fund

8576

GRF	725-401		Wildlife - GRF Central Support		$	750,000		$	750,000		8577
GRF	725-404		Fountain Square Rental Payments - OBA		$	1,092,400		$	1,089,100		8578
GRF	725-407		Conservation Reserve Enhancement Program		$	1,920,400		$	1,920,400		8579
GRF	725-412		Reclamation Commission		$	67,123		$	70,971		8580
GRF	725-413		OPFC Lease Rental Payments		$	16,211,500		$	14,279,000		8581
GRF	725-423		Stream and Ground Water Gauging		$	448,745		$	478,214		8582
GRF	725-425		Wildlife License Reimbursement		$	1,000,000		$	1,000,000		8583
GRF	725-456		Canal Lands		$	397,811		$	407,756		8584
GRF	725-502		Soil and Water Districts		$	12,126,462		$	12,621,123		8585
GRF	725-903		Natural Resources General Obligation Debt Service		$	19,001,100		$	22,101,900		8586
GRF	727-321		Division of Forestry		$	10,209,173		$	10,888,345		8587
GRF	728-321		Division of Geological Survey		$	2,269,911		$	2,432,974		8588
GRF	729-321		Office of Information Technology		$	1,072,960		$	1,985,667		8589
GRF	730-321		Division of Parks and Recreation		$	35,651,542		$	37,972,382		8590
GRF	733-321		Division of Water		$	4,035,213		$	4,234,581		8591
GRF	736-321		Division of Engineering		$	3,709,501		$	3,918,766		8592
GRF	737-321		Division of Soil and Water		$	4,675,812		$	4,879,744		8593
GRF	738-321		Division of Real Estate and Land Management		$	2,540,554		$	2,669,042		8594
GRF	741-321		Division of Natural Areas and Preserves		$	3,439,427		$	3,616,940		8595
GRF	744-321		Division of Mineral Resources Management		$	3,946,725		$	4,162,882		8596
TOTAL GRF General Revenue Fund					$	124,566,359		$	131,479,787		8597

General Services Fund Group

8598

155	725-601		Departmental Projects		$	2,216,594		$	1,913,242		8599
157	725-651		Central Support Indirect		$	8,009,551		$	8,423,094		8600
158	725-604		Natural Resources Publication Center Intrastate		$	94,198		$	94,595		8601
161	725-635		Parks Facilities Maintenance		$	2,993,169		$	3,063,124		8602
162	725-625		Civilian Conservation Corps Operations		$	7,885,349					8603
204	725-687		Information Services		$	3,010,774		$	3,971,856		8604
206	725-689		REALM Support Services		$	475,000		$	475,000		8605
207	725-690		Real Estate Services		$	50,000		$	54,000		8606
4D5	725-618		Recycled Materials		$	50,000		$	50,000		8607
4S9	725-622		NatureWorks Personnel		$	759,143		$	832,528		8608
4X8	725-662		Water Resources Council		$	275,633		$	282,524		8609
430	725-671		Canal Lands		$	1,215,441		$	1,259,511		8610
508	725-684		Natural Resources Publication Center Interstate		$	239,538		$	245,808		8611
510	725-631		Maintenance - state-owned residences		$	224,926		$	229,710		8612
516	725-620		Water Management		$	2,459,256		$	2,522,146		8613
635	725-664		Fountain Square Facilities Management		$	2,755,109		$	2,821,999		8614
697	725-670		Submerged Lands		$	589,315		$	615,000		8615
TOTAL GSF General Services											8616
Fund Group					$	33,302,996		$	34,912,852		8617

Federal Special Revenue Fund Group

8618

3B3	725-640		Federal Forest Pass-Thru		$	55,000		$	55,000		8619
3B4	725-641		Federal Flood Pass-Thru		$	190,000		$	190,000		8620
3B5	725-645		Federal Abandoned Mine Lands		$	9,908,408		$	10,125,056		8621
3B6	725-653		Federal Land and Water Conservation Grants		$	3,559,697		$	3,689,697		8622
3B7	725-654		Reclamation - Regulatory		$	1,788,579		$	1,799,459		8623
3P0	725-630		Natural Areas and Preserves - Federal		$	230,000		$	230,000		8624
3P1	725-632		Geological Survey - Federal		$	381,910		$	366,303		8625
3P2	725-642		Oil and Gas-Federal		$	189,701		$	190,289		8626
3P3	725-650		Real Estate and Land Management - Federal		$	2,980,975		$	3,184,300		8627
3P4	725-660		Water - Federal		$	180,000		$	180,000		8628
3R5	725-673		Acid Mine Drainage Abatement/Treatment		$	600,000		$	613,200		8629
328	725-603		Forestry Federal		$	1,200,000		$	1,200,000		8630
332	725-669		Federal Mine Safety Grant		$	136,423		$	141,880		8631
TOTAL FED Federal Special Revenue											8632
Fund Group					$	21,400,693		$	21,965,184		8633

State Special Revenue Fund Group

8634

4J2	725-628		Injection Well Review		$	51,742		$	61,638		8635
4M7	725-631		Wildfire Suppression		$	150,310		$	150,000		8636
4U6	725-668		Scenic Rivers Protection		$	500,000		$	510,000		8637
5B3	725-674		Mining Regulation		$	35,000		$	35,000		8638
5K1	725-626		Urban Forestry Grant		$	400,000		$	400,000		8639
5P2	725-634		Wildlife Boater Angler Administration		$	1,500,000		$	1,500,000		8640
509	725-602		State Forest		$	1,489,013		$	1,536,595 2,536,595		8641
511	725-646		Ohio Geologic Mapping		$	1,010,933		$	1,070,899		8642
512	725-605		State Parks Operations		$	28,844,322		$	29,915,146		8643
514	725-606		Lake Erie Shoreline		$	1,171,052		$	1,446,305		8644
518	725-643		Oil and Gas Permit Fees		$	1,821,252		$	1,821,325		8645
518	725-677		Oil and Gas Well Plugging		$	800,000		$	800,000		8646
521	725-627		Off-Road Vehicle Trails		$	66,213		$	68,490		8647
522	725-656		Natural Areas Checkoff Funds		$	1,508,080		$	1,860,670		8648
526	725-610		Strip Mining Administration Fees		$	1,480,566		$	1,449,459		8649
527	725-637		Surface Mining Administration		$	2,963,272		$	3,093,938		8650
529	725-639		Unreclaimed Land Fund		$	1,964,744		$	2,040,327		8651
531	725-648		Reclamation Forfeiture		$	1,455,835		$	1,491,087		8652
532	725-644		Litter Control and Recycling		$	13,137,680		$	13,311,365		8653
586	725-633		Scrap Tire Program		$	1,000,000		$	1,000,000		8654
615	725-661		Dam Safety		$	244,442		$	259,758		8655
TOTAL SSR State Special Revenue											8656
Fund Group					$	61,594,456		$	63,822,002 64,822,002		8657

Wildlife Fund Group

8658

015	740-401		Division of Wildlife Conservation		$	46,177,752		$	48,713,747		8659
815	725-636		Cooperative Management Projects		$	156,536		$	160,449		8660
816	725-649		Wetlands Habitat		$	943,303		$	966,885		8661
817	725-655		Wildlife Conservation Checkoff Fund		$	1,435,567		$	1,472,755		8662
818	725-629		Cooperative Fisheries Research		$	964,470		$	988,582		8663
819	725-685		Ohio River Management		$	125,448		$	128,584		8664
TOTAL WLF Wildlife Fund Group					$	49,803,076		$	52,431,002		8665

Waterways Safety Fund Group

8666

086	725-414		Waterways Improvement		$	3,301,688		$	3,472,497		8667
086	725-416		Natural Areas Marine Patrol		$	25,000		$	0		8668
086	725-417		Parks Marine Patrol		$	25,000		$	0		8669
086	725-418		Buoy Placement		$	41,153		$	42,182		8670
086	725-501		Waterway Safety Grants		$	134,504		$	137,867		8671
086	725-506		Watercraft Marine Patrol		$	562,100		$	576,153		8672
086	725-513		Watercraft Educational Grants		$	357,700		$	366,643		8673
086	739-401		Division of Watercraft		$	16,579,526		$	17,374,158		8674
TOTAL WSF Waterways Safety Fund											8675
Group					$	21,026,671		$	21,969,500		8676

Holding Account Redistribution Fund Group

8677

R17	725-659		Performance Cash Bond Refunds		$	251,500		$	252,000		8678
R43	725-624		Forestry		$	1,750,000		$	1,750,000		8679
TOTAL 090 Holding Account											8680
Redistribution Fund Group					$	2,001,500		$	2,002,000		8681

Accrued Leave Liability Fund Group

8682

4M8	725-675		FOP Contract		$	19,609		$	20,844		8683
TOTAL ALF Accrued Leave											8684
Liability Fund Group					$	19,609		$	20,844		8685
TOTAL ALL BUDGET FUND GROUPS					$	313,715,360		$	328,603,171 329,603,171		8686

The review and acceptance of amended articles of dedication	8687
under section 1517.05 of the Revised Code, as amended by this act	8688
Am. Sub. H.B. 94 of the 124th General Assembly, is an	8689
administrative function that is performed by the Department of	8690
Natural Resources. The amendments to that section clarify the	8691
manner in which such reviews are to be conducted. The reviews	8692
contemplated by section 1517.05 of the Revised Code, as amended by	8693
this actAm. Sub. H.B. 94 of the 124th General Assembly, shall be	8694
funded by the general appropriation to the Department of Natural	8695
Resources under this section.	8696

Sec. 78.02. CENTRAL SUPPORT INDIRECT

8697

With the exception of the Division of Wildlife, whose	8698
indirect central support charges shall be paid out of the General	8699
Revenue Fund from the foregoing appropriation item 725-401,	8700
Wildlife - GRF Central Support, the Department of Natural	8701
Resources, with the approval of the Director of Budget and	8702
Management, shall utilize a methodology for determining each	8703
division's payments into the Central Support Indirect Fund (Fund	8704
157). The methodology used shall contain the characteristics of	8705
administrative ease and uniform application. Payments to the	8706
Central Support Indirect Fund shall be made using an intrastate	8707
transfer voucher.	8708

WILDLIFE LICENSE REIMBURSEMENT

8709

Notwithstanding the limits of the transfer from the General	8710
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	8711
of the Revised Code, up to the amount available in appropriation	8712
item 725-425, Wildlife License Reimbursement, may be transferred	8713
from the General Revenue Fund to the Wildlife Fund (Fund 015).	8714
Pursuant to the certification of the Director of Budget and	8715
Management of the amount of foregone revenue in accordance with	8716
section 1533.15 of the Revised Code, the foregoing appropriation	8717
item in the General Revenue Fund, appropriation item 725-425,	8718
Wildlife License Reimbursement, shall be used to reimburse the	8719
Wildlife Fund (Fund 015) for the cost of hunting and fishing	8720
licenses and permits issued after June 30, 1990, to individuals	8721
who are exempted under the Revised Code from license, permit, and	8722
stamp fees.	8723

SOIL AND WATER DISTRICTS

8724

In addition to state payments to soil and water conservation	8725
districts authorized by section 1515.10 of the Revised Code, the	8726
Department of Natural Resources may pay to any soil and water	8727
conservation district, from authority in appropriation item	8728
725-502, Soil and Water Districts, an annual amount not to exceed	8729
$30,000, upon receipt of a request and justification from the	8730
district and approval by the Ohio Soil and Water Conservation	8731
Commission. The county auditor shall credit the payments to the	8732
special fund established under section 1515.10 of the Revised Code	8733
for the local soil and water conservation district. Moneys	8734
received by each district shall be expended for the purposes of	8735
the district.	8736

Of the foregoing appropriation item 725-502, Soil and Water	8737
Districts, $150,000 in each fiscal year shall be distributed to	8738
the Muskingum Watershed Conservancy District and $50,000 in each	8739
fiscal year shall be distributed to the Livestock Assurance	8740
Program.	8741

Of the foregoing appropriation 725-502, Soil and Water	8742
Districts, $136,000 shall be earmarked in fiscal year 2002 for	8743
Indian Lake, $56,000 per fiscal year for the Conservation Action	8744
Program, $48,000 in fiscal year 2002 for Millcreek Valley	8745
Conservation District, $40,000 per fiscal year for Wills Creek	8746
Reservoir, $120,000 in fiscal year 2002 for the relocation of	8747
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and	8748
Rush Creek Flood Control project, and $100,000 per fiscal year for	8749
Rush Creek Conservancy District. Of the foregoing appropriation	8750
item 725-502, Soil and Water Districts, $150,000 shall be	8751
earmarked in each fiscal year for the Loramie Lake Project.	8752

DIVISION OF SOIL AND WATER

8753

Of the foregoing appropriation item 737-321, Division of Soil	8754
and Water, $220,000 in each fiscal year shall be distributed to	8755
the Water Quality Laboratory located at Heidelberg College.	8756

CANAL LANDS

8757

The foregoing appropriation item 725-456, Canal Lands, shall	8758
be used to transfer funds to the Canal Lands Fund (Fund 430) to	8759
provide operating expenses for the State Canal Lands Program. The	8760
transfer shall be made using an intrastate transfer voucher and	8761
shall be subject to the approval of the Director of Budget and	8762
Management.	8763

STATE FOREST

8764

Of the foregoing appropriation item 725-602, State Forest,	8765
$285,000 shall be used in fiscal year 2003 for the Civilian	8766
Conservation Corps' Camp Riffe facility in southern Ohio to aid in	8767
forestry cleanup and road clearing. This shall be the final state	8768
assistance to the Civilian Conservation Corps' Camp Riffe	8769
facility.	8770

WATERCRAFT MARINE PATROL

8771

Of the foregoing appropriation item 739-401, Division of	8772
Watercraft, not more than $200,000 in each fiscal year shall be	8773
expended for the purchase of equipment for marine patrols	8774
qualifying for funding from the Department of Natural Resources	8775
pursuant to section 1547.67 of the Revised Code. Proposals for	8776
equipment shall accompany the submission of documentation for	8777
receipt of a marine patrol subsidy pursuant to section 1547.67 of	8778
the Revised Code and shall be loaned to eligible marine patrols	8779
pursuant to a cooperative agreement between the Department of	8780
Natural Resources and the eligible marine patrol.	8781

FUND CONSOLIDATION

8782

On July 15, 2001, or as soon thereafter as possible, the	8783
Director of Budget and Management shall transfer the cash balances	8784
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	8785
any amounts that accrue to that fund after that date, to the	8786
Wildlife Education Fund (Fund 015). The Director shall cancel any	8787
remaining outstanding encumbrances against appropriation item	8788
725-612, Wildlife Education, and reestablish them against	8789
appropriation item 740-401, Division of Wildlife Conservation. The	8790
amounts of any encumbrances canceled and reestablished are	8791
appropriated.	8792

On July 15, 2001, or as soon thereafter as possible, the	8793
Director of Budget and Management shall transfer the cash balances	8794
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	8795
30, 2001, and any amounts that accrue to that fund after that	8796
date, to the Waterways Safety Fund (Fund 086). The director shall	8797
cancel any remaining outstanding encumbrances against	8798
appropriation item 725-614, Cooperative Boat Harbor Projects, and	8799
reestablish them against appropriation item 739-401, Division of	8800
Watercraft. The amounts of any encumbrances canceled and	8801
reestablished are hereby appropriated.	8802

On July 15, 2001, or as soon thereafter as possible, the	8803
Director of Budget and Management shall transfer the cash balances	8804
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	8805
and any amounts that accrue to that fund after that date, to the	8806
State Forest Fund (Fund 509). The director shall cancel any	8807
remaining outstanding encumbrances against appropriation item	8808
725-617, Forestry Development Fund, and reestablish them against	8809
appropriation item 725-602, State Forest. The amounts of any	8810
encumbrances canceled and reestablished are appropriated. No	8811
interest shall be credited to Fund 4B8 after June 30, 2001.	8812

On July 15, 2001, or as soon thereafter as possible, the	8813
Director of Budget and Management shall transfer the cash balance	8814
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	8815
the repeal of section 1507.12 of the Revised Code in this act, to	8816
the Burr Oak Regional Water District.	8817

PARKS FACILITIES MAINTENANCE

8818

Notwithstanding section 1541.221 of the Revised Code, the	8819
first $1,100,000 that would be transferred to the Parks Facilities	8820
Maintenance Fund (Fund 161) in fiscal year 2002 shall be retained	8821
by the State Park Fund (Fund 512). The difference between ten per	8822
cent of the receipts from revenue-producing facilities of the	8823
division of parks and recreation and $1,100,000 shall be	8824
transferred to the Parks Facilities Maintenance Fund in fiscal	8825
year 2002.	8826

OIL AND GAS WELL PLUGGING

8827

The foregoing appropriation item 725-677, Oil and Gas Well	8828
Plugging, shall be used exclusively for the purposes of plugging	8829
wells and to properly restore the land surface of idle and orphan	8830
oil and gas wells pursuant to section 1509.071 of the Revised	8831
Code. No funds from the appropriation item shall be used for	8832
salaries, maintenance, equipment, or other administrative	8833
purposes, except for those costs directly attributed to the	8834
plugging of an idle or orphan well. Appropriation authority from	8835
this line item shall not be transferred to any other fund or line	8836
item.	8837

Section 18. That existing Sections 78 and 78.02 of Am. Sub.	8838
H.B. 94 of the 124th General Assembly are hereby repealed.	8839

Section 19. That Section 25 of Am. Sub. H.B. 524 of the 124th	8840
General Assembly be amended to read as follows:	8841

Sec. 25.  All items set forth in this section are hereby	8842
appropriated out of any moneys in the state treasury to the credit	8843
of the Parks and Recreation Improvement Fund (Fund 035) and	8844
derived from the proceeds of obligations heretofore authorized to	8845
pay costs of capital facilities, as defined in section 154.01 of	8846
the Revised Code, for parks and recreation.	8847

Reappropriations

DNR DEPARTMENT OF NATURAL RESOURCES

8848

CAP-005		Cowan Lake State Park		$	51,964		8849
CAP-011		Findley State Park		$	22,856		8850
CAP-012		Land Acquisition		$	586,825		8851
CAP-016		Hueston Woods State Park		$	4,467		8852
CAP-017		Indian Lake State Park		$	5,288		8853
CAP-019		Lake Hope State Park		$	500		8854
CAP-025		Punderson State Park		$	7,763		8855
CAP-026		Pymatuning State Park		$	80,000		8856
CAP-051		Buck Creek State Park		$	3,050		8857
CAP-064		Geneva State Park		$	750		8858
CAP-069		Hocking Hills State Park		$	400		8859
CAP-113		East Harbor State Park Shoreline Stabilization		$	850,000		8860
CAP-162		Shawnee State Park		$	750		8861
CAP-205		Deer Creek State Park		$	18,800		8862
CAP-234		State Parks Campgrounds, Lodges, and Cabins		$	12,564,460		8863
CAP-331		Park Boating Facilities		$	1,061,800		8864
CAP-390		State Park Maintenance Facility Development		$	488,801		8865
CAP-701		Buckeye Lake Dam Rehabilitation		$	1,033,254		8866
CAP-702		Upgrade Underground Storage Tanks		$	1,933,783		8867
CAP-703		Cap Abandoned Water Wells		$	250,000		8868
CAP-718		Grand Lake St. Mary's State Park		$	157,532		8869
CAP-719		Indian Lake State Park		$	11,945		8870
CAP-727		Riverfront Improvements		$	1,000,000		8871
CAP-744		Multi-Agency Radio Communication Equipment		$	425,000		8872
CAP-748		Local Parks Projects		$	1,572,000		8873
CAP-787		Scioto Riverfront Improvements		$	7,750,000		8874
CAP-789		Great Miami Riverfront Improvements		$	2,000,000		8875
CAP-821		State Park Dredging and Shoreline Protection		$	300,000		8876
CAP-827		Cuyahoga Valley Scenic Railroad		$	3,716,666		8877
CAP-836		State Parks Renovation/Upgrading		$	350		8878
CAP-876		Statewide Trails Program		$	1,272,680		8879
CAP-910		Scioto Peninsula Property Acquisition		$	4,750,000		8880
CAP-927		Mohican State Park		$	50,571		8881
CAP-928		Handicapped Accessibility		$	498,089		8882
CAP-929		Hazardous Waste/Asbestos Abatement		$	785,978		8883
CAP-931		Wastewater/Water Systems Upgrade		$	3,507,391		8884
Total Department of Natural Resources				$	46,703,443		8885
Total Parks and Recreation Improvement Fund				$	46,703,443		8886

LOCAL PARKS PROJECTS

8887

The following projects shall be funded from the foregoing	8888
reappropriation item CAP-748, Local Parks Projects: $500,000 for	8889
Erie Metro Parks Land Acquisition; $40,000 for Grove City Fryer	8890
Park Improvements; $12,500 for Big Prairie/LakevilleBerlin	8891
Township Park Improvements; $25,000 for Holmes County Park	8892
Improvements; $25,000 for Stockport Village Park Improvements;	8893
$50,000 for Silver Park Improvements, $6,500 for Crossroads Park	8894
Improvements; $38,000 for Wauseon Park Land Acquisition; $150,000	8895
for Black Swamp Land Acquisition; $75,000 for the Walbridge Parks	8896
Improvements; and $100,000 by the West Creek Preservation	8897
Committee for a West Creek Watershed Project.	8898

SCIOTO RIVERFRONT IMPROVEMENTS

8899

Of the foregoing reappropriation item CAP-787, Scioto	8900
Riverfront Improvements, $7,750,000 shall be used for Spring and	8901
Long Park.	8902

STATEWIDE TRAILS PROGRAM

8903

Of the foregoing reappropriation item CAP-876, Statewide	8904
Trails Program, $50,000 shall be used for the Lake to River	8905
Greenway Bike Path in Trumbull County.	8906

FEDERAL REIMBURSEMENT

8907

All reimbursements received from the federal government for	8908
any expenditures made pursuant to this section shall be deposited	8909
in the state treasury to the credit of the Parks and Recreation	8910
Improvement Fund.	8911

Section 20. That existing Section 25 of Am. Sub. H.B. 524 of	8912
the 124th General Assembly is hereby repealed.	8913

Section 21.  PROVISIONS OF LAW GENERALLY APPLICABLE TO	8914
APPROPRIATIONS	8915

Law contained in the main operating appropriations act of the	8916
125th General Assembly that is generally applicable to the	8917
appropriations made in the main operating appropriations act also	8918
is generally applicable to the appropriations made in this act.	8919

Section 22.  LEASE PAYMENTS TO OBA AND TREASURER

8920

Certain appropriations are in this act for the purpose of	8921
lease payments to the Ohio Building Authority or to the Treasurer	8922
of State pursuant to leases and agreements relating to bonds or	8923
notes issued by the Ohio Building Authority or the Treasurer of	8924
State pursuant to the Ohio Constitution and acts of the General	8925
Assembly. If it is determined that additional appropriations are	8926
necessary for this purpose, such amounts are hereby appropriated.	8927

Section 23. In accordance with the Department of	8928
Transportation's existing schedule for reconstruction of	8929
Interstate Route 71, the Department shall open and mark the third	8930
lane of travel in both the northbound and southbound lanes of	8931
Interstate Route 71, from one mile south of State Route 18 to the	8932
interchange with State Route 303.	8933

Section 24. Sections 1 to 9 of Am.Sub. H.B. 512 of the 124th	8934
General Assembly take effect July 1, 2003.	8935

This section is not subject to the referendum. Therefore,	8936
under Ohio Constitution, Article II, Section 1d and section 1.471	8937
of the Revised Code, this section goes into immediate effect when	8938
this act becomes law.	8939

Section 25. (A) There is hereby created the Biofuel and	8940
Renewable Energy Task Force, which shall consist of eight members	8941
as follows:	8942

(1) Two members of the Senate appointed by the President of	8943
the Senate, one of whom shall be a member of the majority party	8944
and one of whom shall be a member of the minority party;	8945

(2) Two members of the House of Representatives appointed by	8946
the Speaker of the House of Representatives, one of whom shall be	8947
a member of the majority party and one of whom shall be a member	8948
of the minority party;	8949

(3) One member appointed by the Governor;

8950

(4) One member appointed by the Director of Agriculture;

8951

(5) One member appointed by the Director of Development;

8952

(6) One member appointed by the Chairperson of the Ohio Air	8953
Quality Development Authority.	8954

Appointments shall be made and the Task Force shall hold its	8955
first meeting not later than September 1, 2003. The member	8956
appointed by the Director of Agriculture shall serve as the	8957
chairperson and the Task Force shall elect from its members a	8958
vice-chairperson.	8959

(B) Not later than March 1, 2004, the Biofuel and Renewable	8960
Energy Task Force shall submit a report to the General Assembly	8961
and the Governor. The report shall do all of the following:	8962

(1) Provide an overview of the industries of biofuel and	8963
other renewable energy sources in this state;	8964

(2) Describe the condition of those industries in this state	8965
and describe state programs that are providing aid or financial	8966
assistance to those industries;	8967

(3) Provide a comparison of the status of the industries of	8968
biofuel and other renewable energy sources in this state and of	8969
those of the surrounding states;	8970

(4) Include recommendations to the General Assembly for	8971
expanding the industries of biofuel and other renewable energy	8972
sources in this state and for providing methods to fund biofuel	8973
and renewable energy projects or studies.	8974

Following submission of the report, the Task Force shall	8975
cease to exist.	8976

Section 26. Except as otherwise specifically provided in this	8977
act, the codified sections of law amended or enacted in this act,	8978
and the items of law of which the codified sections of law amended	8979
or enacted in this act are composed, are subject to the	8980
referendum. Therefore, under Ohio Constitution, Article II,	8981
Section 1c and section 1.471 of the Revised Code, the codified	8982
sections of law amended or enacted by this act, and the items of	8983
law of which the codified sections of law as amended or enacted by	8984
this act are composed, take effect on the ninety-first day after	8985
this act is filed with the Secretary of State. If, however, a	8986
referendum petition is filed against any such codified section of	8987
law as amended or enacted by this act, or against any item of law	8988
of which any such codified section of law as amended or enacted by	8989
this act is composed, the codified section of law as amended or	8990
enacted, or item of law, unless rejected at the referendum, takes	8991
effect at the earliest time permitted by law.	8992

Section 27. Sections 4501.21, 4503.50, 4503.51, 4503.55,	8993
4503.561, 4503.591, 4503.67, 4503.68, 4503.69, 4503.71, 4503.711,	8994
4503.72, 4503.73, 4503.75, 5502.39, 5531.10, 5728.06, 5735.23,	8995
5735.27, 5735.29, 5735.291, and 5735.292 of the Revised Code, as	8996
amended or enacted by this act, and the items of law of which such	8997
sections as amended or enacted by this act are composed, are not	8998
subject to the referendum. Therefore, under Ohio Constitution,	8999
Article II, Section 1d and section 1.471 of the Revised Code, such	9000
sections as amended or enacted by this act, and the items of law	9001
of which such sections as amended or enacted by this act are	9002
composed, go into immediate effect when this act becomes law.	9003

This section is not subject to the referendum. Therefore,	9004
under Ohio Constitution, Article II, Section 1d and section 1.471	9005
of the Revised Code, this section goes into immediate effect when	9006
this act becomes law.	9007

Section 28. The repeal by this act of sections 4501.20,	9008
4501.22, 4501.29, 4501.30, 4501.311, 4501.32, 4501.33, 4501.39,	9009
4501.40, 4501.41, 4501.61, 4501.71, and 4503.251 of the Revised	9010
Code is not subject to the referendum. Therefore, under Ohio	9011
Constitution, Article II, Section 1d and section 1.471 of the	9012
Revised Code, such repeals go into immediate effect when this act	9013
becomes law.	9014

This section is not subject to the referendum. Therefore,	9015
under Ohio Constitution, Article II, Section 1d and section 1.471	9016
of the Revised Code, this section goes into immediate effect when	9017
this act becomes law.	9018

Section 29. Notwithstanding the effective date of the	9019
amendments to sections 3704.14, 4503.103, and 4503.11 of the	9020
Revised Code relating to a program of biennial motor vehicle	9021
registration, the Bureau of Motor Vehicles is not required to have	9022
such a program in operation until January 1, 2004.	9023

Section 30. If the amendment or enactment in this act of a	9024
codified section of law is subject to the referendum, the	9025
corresponding indications in the amending, enacting, or existing	9026
repeal clauses commanding the amendment or enactment also are	9027
subject to the referendum, along with the amendment or enactment.	9028
If the amendment, enactment, or repeal by this act of a codified	9029
or uncodified section of law is not subject to the referendum, the	9030
corresponding indications in the amending, enacting, or repeal	9031
clauses commanding the amendment, enactment, or repeal also are	9032
not subject to the referendum, the same as the amendment,	9033
enactment, or repeal.	9034

This section is not subject to the referendum. Therefore,	9035
under Ohio Constitution, Article II, Section 1d and section 1.471	9036
of the Revised Code, this section goes into immediate effect when	9037
this act becomes law.	9038

Section 31. The items in the uncodified sections of law	9039
contained in this act that appropriate money for the current	9040
expenses of state government, earmark this class of	9041
appropriations, or depend for their implementation upon an	9042
appropriation for the current expenses of state government are not	9043
subject to the referendum. Therefore, under Ohio Constitution,	9044
Article II, Section 1d and section 1.471 of the Revised Code,	9045
these items go into immediate effect when this act becomes law.	9046

The items in the uncodified sections of law contained in this	9047
act that appropriate money other than for the current expenses of	9048
state government, earmark this class of appropriations, or do not	9049
depend for their implementation upon an appropriation for the	9050
current expenses of state government are subject to the	9051
referendum. Therefore, under Ohio Constitution, Article II,	9052
Section 1c and section 1.471 of the Revised Code, these items take	9053
effect on the ninety-first day after this act is filed with the	9054
Secretary of State. If, however, a referendum petition is filed	9055
against such an item, the item, unless rejected at the referendum,	9056
takes effect at the earliest time permitted by law.	9057

This section is not subject to the referendum. Therefore,	9058
under Ohio Constitution, Article II, Section 1d and section 1.471	9059
of the Revised Code, this section goes into immediate effect when	9060
this act becomes law.	9061

Section 32.  Section 4503.10 of the Revised Code is presented	9062
in Section 1 of this act as a composite of the section as amended	9063
by Am. Sub. H.B. 94, S.B. 31, and Sub. S.B. 59, all of the 124th	9064
General Assembly. The General Assembly, applying the principle	9065
stated in division (B) of section 1.52 of the Revised Code that	9066
amendments are to be harmonized if reasonably capable of	9067
simultaneous operation, finds that the composite is the resulting	9068
version of the section in effect prior to the effective date of	9069
the section as presented in Section 1 of this act.	9070

Section 33.  The version of section 4503.10 of the Revised	9071
Code that is scheduled to take effect January 1, 2004, is	9072
presented in this act as a composite of the section as amended by	9073
both Sub. S.B. 59 and Am. Sub. S.B. 123 of the 124th General	9074
Assembly. The General Assembly, applying the principle stated in	9075
division (B) of section 1.52 of the Revised Code that amendments	9076
are to be harmonized if reasonably capable of simultaneous	9077
operation, finds that the composite is the resulting version of	9078
the section in effect prior to the effective date of the section	9079
as presented in this act.	9080

Section 34.  Section 4503.51 of the Revised Code is presented	9081
in this act as a composite of the section as amended by both Am.	9082
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly.	9083
The General Assembly, applying the principle stated in division	9084
(B) of section 1.52 of the Revised Code that amendments are to be	9085
harmonized if reasonably capable of simultaneous operation, finds	9086
that the composite is the resulting version of the section in	9087
effect prior to the effective date of the section as presented in	9088
this act.	9089

This section is not subject to the referendum. Therefore,	9090
under Ohio Constitution, Article II, Section 1d and section 1.471	9091
of the Revised Code, this section goes into immediate effect when	9092
this act becomes law.	9093

Section 35.  (A) Section 4503.55 of the Revised Code is	9094
presented in this act as a composite of the section as amended by	9095
both Am. Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General	9096
Assembly. The General Assembly, applying the principle stated in	9097
division (B) of section 1.52 of the Revised Code that amendments	9098
are to be harmonized if reasonably capable of simultaneous	9099
operation, finds that the composite is the resulting version of	9100
the section in effect prior to the effective date of the section	9101
as presented in this act.	9102

(B) Section 5735.23 of the Revised Code is presented in this	9103
act as a composite of the section as amended by both H.B. 612 and	9104
Am. Sub. H.B. 640 of the 123rd General Assembly. The General	9105
Assembly, applying the principle stated in division (B) of section	9106
1.52 of the Revised Code that amendments are to be harmonized if	9107
reasonably capable of simultaneous operation, finds that the	9108
composite is the resulting version of the section in effect prior	9109
to the effective date of the section as presented in this act.	9110

(C) This section is not subject to the referendum. Therefore,	9111
under Ohio Constitution, Article II, Section 1d and section 1.471	9112
of the Revised Code, this section goes into immediate effect when	9113
this act becomes law.	9114

Section 36. If any item of law that constitutes the whole or	9115
part of a codified or uncodified section of law contained in this	9116
act, or if any application of any item of law that constitutes the	9117
whole or part of a codified or uncodified section of law contained	9118
in this act, is held invalid, the invalidity does not affect other	9119
items of law or applications of items of law that can be given	9120
effect without the invalid item of law or application. To this	9121
end, the items of law of which the codified and uncodified	9122
sections contained in this act are composed, and their	9123
applications, are independent and severable.	9124

This section is not subject to the referendum. Therefore,	9125
under Ohio Constitution, Article II, Section 1d and section 1.471	9126
of the Revised Code, this section goes into immediate effect when	9127
this act becomes law.	9128